Kristofor Nelson, Diana McLaughlin, Professor Perlmutter, and Michael Pieciak

Florida’s Road to Independence Program (RTI) is designed to prepare former foster children for independent living as they “age out” of state care. But kidney failure is keeping 22-year-old Felix Roman from receiving the monthly $892 check he used to receive through the program. Students in the Children & Youth Law Clinic (CYLC) at the University of Miami School of Law are working diligently to have Roman’s benefits reinstated.

Earlier this month Diana McLaughlin, a second-year law student in the CYLC, went before the state’s Third District Court of Appeal (DCA) in Miami to argue on Roman’s behalf, asking the court to address disabilities and medical conditions within the RTI program. Roman’s fragile health requires him to go to Jackson Memorial Hospital three times a week for dialysis treatment. The frequent, and sometimes extended, hospital visits cause him to miss school. As a result of his absenteeism, the state’s Department of Children and Families (DCF) cut Roman’s benefits in February 2008, deeming him ineligible for continued benefits according to the program’s school attendance requirement.

UM Law Professor Bernard Perlmutter, director of the CYLC, and CYLC intern Michael Pieciak, 3L, represented Roman in a DCF fair hearing in December 2007. They argued that the agency had a duty under the federal Americans with Disabilities Act to accommodate Roman’s medical condition and explore alternatives such as online or hospital/homebound classes as reasonable accommodations of the attendance requirement. However, DCF officials stood behind their initial decision and the CYLC decided to appeal the agency’s decision to the DCA.

Professor Perlmutter enlisted McLaughlin to argue the case before the DCA. McLaughlin’s non-traditional journey to law school was perfect for the case, as she has practiced medicine as a successful pediatrician for over 20 years and had several patients who were foster children. With the help of fellow CYLC interns Pieciak and Kristofor Nelson, 3L, McLaughlin vigorously prepared for the appeal.

“It was a very steep hill to climb,” said McLaughlin, who spent time sitting with Roman during his dialysis sessions. She added that working to help him was a “very rewarding experience.”

A decision from the court is not expected for a few weeks, but McLaughlin said she hopes that it will be in Roman’s favor. If it isn’t, the CYLC could ask the court for a rehearing or appeal the decision to the Florida Supreme Court. Roman could also seek other public benefits, which the clinic would help him apply for.

The CYLC has been fighting for young adults like Roman since its inception in 1995. Each year, the clinic handles about 75 cases, primarily serving current and former foster children who need legal assistance on matters regarding dependency, health care, mental health, disability, independent living, education, immigration and other general civil legal matters. UM Law Professor Kele Williams, the clinic’s associate director, works with Professor Perlmutter to supervise the student interns, who provide direct legal services to clients. The second- and third-year law students in the clinic are eligible to represent clients in administrative hearings and engage in the supervised practice of law in court hearings under the Florida Supreme Court student practice rule.

posted 13-March-2009