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Nubia Barahona Case: New Documents Reveal Family's Frustrated Attempt To Get Help

Nubia Barahona

First Posted: 12/09/2011 10:57 am Updated: 12/09/2011 11:53 am

Police reports and interviews released Thursday by Miami-Dade State Attorney Katherine Fernandez Rundle detail yet another instance in which adults concerned about abused twins Nubia and Victor Barahona tried to get help, yet were largely hampered by the tangle of child welfare services.

Even as adoptive father Jorge Barahona's siblings tried desperately to raise an alarm at multiple police stations and with the Department of Children and Families, getting what sister Laura Barahona called "the run-around," Nubia was being tortured to death and Victor abused, according to new case documents obtained by the Miami Herald.

In a shocking scene that revealed one of Miami's most horrifying instances of child abuse, Jorge Barahona was found passed out on Valentine's Day on the ground near his truck on the shoulder of Interstate 95, as 10-year-old Victor, doused in toxic chemicals and severely burned, sat suffering seizures in the passenger seat.

When workers attempted to decontaminate the truck hours later, they found Nubia's decomposing body stuffed in a plastic garbage bag and steeped in chemicals. The pair had been in the custody of Jorge and Carmen Barahona since 2004, and adopted by the couple in 2009 despite signs there was something amiss.

The reports detail how Jorge Barahona's sister and brother attempted to alert authorities after he unexpectedly showed up at her house several days prior despite a three-year estrangement, appearing nervous and with an injured Victor in tow. Laura Barahona noticed Jorge Victor had a severely split lip, according to the Herald, and his wrists and ankles showed signs of restraint.

"They were giving me answers about Nubia's whereabouts that I wasn't believing, and that I wasn't comfortable with it," she later told detectives, according to the Herald.

Brother Julio Barahona told detectives he drove to a police station that day, according to the Herald, but was merely given the phone number for the Department of Children and Families, who didn't call back until the following day to tell him it was "a job for the police," he said.

"The police gave me your number," Julio Barahona said he replied, according to the Herald. He also called a state abuse hotline, the AP reports.

"My sister had questioned (Jorge) about the little girl and he doesn't come with a straight answer which is worrying me so much that something might have happened to that little girl," reads a transcript of the call.

Also scrambling for help, Laura Barahona said she drove to three different police stations on Monday, the documents state, including a Miami Police substation on Flagler Avenue who directed her to a station in Doral. Desperate, she even called a non-emergency Miami-Dade police number. "I tried to explain to her my situation," she said, according to transcripts provided the Herald. "I had called DCF throughout the weekend. I said, 'I've been to two police stations. Can you issue an Amber Alert?'"

But she shortly got a call from DCF investigator Andrea Fleary, who had been on the case for three days after another Barahona relative, a child, told her therapist the twins were being bound in a bathtub. “I’ve been getting the run-around. Nobody seems to help me," she told Fleary, the paper reports.

Minutes later, however, Fleary got a call that Jorge Barahona had been found beside his truck in the grisly bid for murder-suicide, and Nubia was already dead. Barahona and his wife have been charged with first degree murder and await trial in a Miami-Dade County Jail.

Tragically, his siblings aren't the only people who tried to get help after coming in contact with the twins, only to see the system fall short. Court-appointed guardian Paul Neumann tried to prevent the twins' adoption, becoming concerned for their welfare around 2007. Neumann discussed the twins with school staff, reached out to their biological relatives in Texas, visited them during lunch at school, and doggedly expressed his concerns to multiple parties in South Florida's child welfare system. In letters to then-Governor Charlie Crist, Jorge and Carmen Barahona dismissed his hesitations as a "personality conflict."

In March, child welfare attorney Christey Lopez-Acevedo tearfully told a panel commissioned to investigate the twin's case that she had informed a Miami-Dade judge at a pre-adoption hearing that Nubia claimed Carmen Barahona would beat her feet as punishment, which the then-6-year-old child revealed after wetting her pants in school.

Nubia Barahona herself shared concerns about the proposed adoption with a child psychologist, according to court documents, telling the therapist she was "sure that terrible things are going to happen to her" if adopted by the Barahonas. Both children confessed to thoughts of suicide, the psychologist noted.

Multiple employees at the twins' school also testified against the adoption, and records showed three abuse reports had been filed on Nubia's behalf in the three years since the Barahonas gained custody in 2004, reporting suspicious bruising, poor hygiene, and the children's apparent fear of their own home.

Despite all of the allegations, and the children's own concerns, the adoption was approved in 2009.

"We were getting signs [of abuse] early on," Jacqui Colyer, then DCF's Miami administrator, told the review panel in March before later resigning. "But we didn't tie it all together."

A report from the school was filed with DCF in June of 2010, noting Nubia was so "uncontrollably" hungry that had begun losing her hair, was stealing food, and was behaving nervously. A short time later, the twins were pulled from the school system and taught at home.

When the Barahona's biological grandchild told a therapist the twins were being bound in a bathroom, prompting the therapist to call the Florida Abuse Hotline on February 10, Fleary responded to the family's home in Miami.

Without actually having contact with the twins, or being told of their exact whereabouts, Fleary left house and checked a box on a DCF safety questionnaire indicating "there are no children likely to be in immediate danger or serious harm." One day later, police reports say, Nubia was beaten inside the house "while she screamed and cried until she was dead."

"Were Nubia and Victor in the house tied up in that bathtub at that very moment?" asked a resulting grand jury report. "We will never know."

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Police reports and interviews released Thursday by Miami-Dade State Attorney Katherine Fernandez Rundle detail yet another instance in which adults concerned about abused twins Nubia and Victor Baraho...
Police reports and interviews released Thursday by Miami-Dade State Attorney Katherine Fernandez Rundle detail yet another instance in which adults concerned about abused twins Nubia and Victor Baraho...
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Americanwoman55
imagination is more important than knowledge -Ein
08:09 PM on 12/10/2011
This is criminal. My tax dollars not at work. These children actually had relatives that wanted them in another state and Florida in it's stupid wisdom wasted tax dollars and paid these monsters to adopt these poor children and then turned a blind eye while they harmed and kill these children and social services looked the other way and went home because it was Friday and she was tired. I saw the social worker testify on tv, it was disgusting. Now a grand jury CARES. REALLY. Too little too late and nothing will change Again we have elected a Republican Govenor who has cut funding for families and services.
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HUFFPOST SUPER USER
PhotoTronTheDaddyPhantom
08:44 AM on 12/10/2011
How come every time something happens in Florida people act like it "Florida's" fault? There are good decent people in Florida that have nothing to do with how the Government chooses to run the State. This type of thing has happened before and is happening right now as I type somewhere in the Country other than Florida. Do you honestly think Florida is the only State that has a broken Foster Care System. This is a National Problem! Anyone with a heart and soul can see the tragedy in a young person's life being taken in this manner but don't let the Media make you believe this is a Floridian Problem. The whole system stinks nationwide and is a haven for lazy people just trying to catch an extra monthly check. If you want to fix it, why don't some of you Self Righteous Decent People adopt a child. Oops. I forgot, nowadays you go to Africa and snatch a Baby from the Bush and call it your own, while countless American Children suffer because they aren't Young, Impressionable or Cute enough.
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Americanwoman55
imagination is more important than knowledge -Ein
08:12 PM on 12/10/2011
I agree 100% Florida has a sunshine law that allows full acces to information as does Texas I believe. Other states hide their dirty laundry.
02:32 AM on 12/10/2011
Identify EVERY person who failed to take immediate action to protect these children and charge each and every one of them with accessory to murder. Until the legal system in Florida starts charging these people with serious criminal offenses, this will keep happening. There have been WAY TOO MANY such stories coming out of Florida. This seems to be a State where criminal negligence on the part of state and county employees is rewarded with continued employment, regardless of how horrendous their actions and inactions are.
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Americanwoman55
imagination is more important than knowledge -Ein
08:21 PM on 12/10/2011
I agree. I watched the judge question the Social worker, she told the judge it was Friday and she thought it could just wait until Monday, it was like you know late and she like wanted to go home. You know how it is. The women at the house said like the kids weren't there and she was like alone. OMG, the judge stated a child is dead by Monday and you (social worker) could have called for the police and what part of this "emergency order" did YOU not understand or feel could wait until Monday. Judge said she was DISGUSTED. IMO Social Worker could have cared less about the whole thing. No one is held accountable and no ever loses a job a position or promotion so whatever ......is the attitude!!!! I am disgusted..........
02:28 AM on 12/10/2011
Identify every single person who failed to intervene immediately, or send the correct officer to intervene, and charge them ALL with accessory to murder. Florida has WAY to many of these types of cases.
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06:55 PM on 12/10/2011
they did that in newyork against 2 social workers who lied about making home visits...anyway the child died from hunger...its an ongoing case...
12:30 AM on 12/10/2011
How can you beat a child to death?! Florida, you failed these children miserably in life. You failed to protect them, you allowed one of them to be killed, and you allowed one to be altered forever. Minimally you can kill the bas*ard that did this! If you cannot, then I will happily do it for you.

Never, ever ignore or avoid a call for help where children are concerned. They could have been saved and spared this torment ... except for the State of Florida deciding to allow these tortures to happen.
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Americanwoman55
imagination is more important than knowledge -Ein
08:27 PM on 12/10/2011
Shortly after this in an unrelated cast in the same area two more children were found stuffed in suitcases floating in an intercoatal. Someone retrieved the suitcases. in was later determined that their mother had been murdered months earlier and thrown on a landfill. No one ever bothered to realize her children never popped up. Children Services dropped the ball. The children had been taken away from the mother due to the mother's life style. The children had been returned and then poof child services lost track of them, but were suppose to monitor them. Now they are dead. For months no one even missed them until of course the bodies were found then they were missed...........
12:09 AM on 12/10/2011
DCF.....*You can't fix stupid* Those sweet innocent children!! This makes me so angry at the Florida system. How DARE they allow this to happen. R.I.P Nubia, I am so sorry you had to live with real monsters.
11:44 PM on 12/09/2011
Police and Govt...There when YOU need a ticket....gone when you are being tortured to death as a defenseless child...

With the exception of a rare few kind officers, our criminal justice system has been converted into a front for generation of capitol for the Govt to feed on and not much more. Sad.
11:00 PM on 12/09/2011
There are no words...R.I.P. Nubia.
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Americanwoman55
imagination is more important than knowledge -Ein
08:31 PM on 12/10/2011
yes there are words Nubia and her brother had family in another state. The state of Florida interferred and did this. These children would be alive and well with blood family if the State had not played we know better than blood family. This happened only because the family lived in another state, from all information available. This was done to due money that was given to these horrid people for the sale of these children through the state of Florida to justify jobs. This did not need to happen.
09:57 PM on 12/09/2011
I think that all the people who let those children be kept by those monsters should be criminally charged as an accomplice to murder. What kind of cowards would just let those children suffer while the system took its good old time going through red tape. If I suspected something like that I would get a group of people together and go into the home to try and see if the children were there and what condition they were in. Then I would try to get them to let the children go. We do more for mistreated animals than we do for abused children.
HUFFPOST SUPER USER
brinniewales
09:53 PM on 12/09/2011
This makes me absolutely sick. There is no punishment too harsh for those at the police, child services, the school, or any other agency involved in this debacle. What a stinking mess and two precious lives are ruined.
This is not the first report of willful negligence on the part of public officials in relation to gross child abuse in the state of Florida. If the governor and legislators don't make this issue a top priority right now, all of them should be voted out of office and the full power of the legal system should be launched against each of them.
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Mariah Dailey
09:33 PM on 12/09/2011
Florida SHAME ON YOU! I hope those children haunt you in your Nightmares.
HUFFPOST SUPER USER
californiananc
My kittens do my typing.
09:13 PM on 12/09/2011
Oops, I see a big, well-deserved lawsuit being filed. I'm guessing there will be a few job openings for someone in the area who has half a brain. Poor, poor babies. Their "protectors" deserve a bit of the same treatment. I'm not worried about the so-called parents, they will get what they deserve in prison.
04:21 PM on 12/09/2011
BEING A CHILD IN FLORIDA HAS ALWAYS BEEN A CRAP SHOOT THEY LOST HUNDREDS OF KIDS FROM THE SYSTEM AND NEVER BOTHERED TO LOOK ....I GUESS THATS ONE WAY TO LOWER COSTS ....HOW BOUT THOSE FLORIDA FAMILY VALUES
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cdecisneros
my micro bio is empty because I went to the micro
02:42 PM on 12/09/2011
This is what 3 years without a raise and a 3% salary cut for a 401k get you.
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californiananc
My kittens do my typing.
09:15 PM on 12/09/2011
Are you saying any amount of money had something to do with this? There are homeless people who wouldn't treat their children like this.
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HUFFPOST SUPER USER
abudotcom
Opinion is the medium between knowledge and ignora
01:54 PM on 12/09/2011
OK, I guess I'll be the first one to give the DCF a piece of my mind. " G E T T O W O R K" and do it right, dont seat arround at the office all day, eating candy ....and NOT answering the phones .. the lives of thousand of children depend on YOU.... You have the JOB and POWER to do it..... , The Barahona Story did NOT HAVE TO HAPPEN.... If the DCF Case Worker would have done her JOB, what she gets paid to do with tax payers money, this would not have happened.
R.I.P. NUBIA You deserved better. The System [DCF] failed you, the Barahonas Failed you. State of Florida Failed you and so did Miami-Dade County.