State slams foster-care agency McLaughlin, Sheila and Eileen Kelley. Cincinnati Enquirer, Nov. 28, 2006.Report suggests tougher licensing rulesA private agency took the brunt of the criticism Monday in a state report that reviewed Marcus Fiesel's deadly foster-care placement with Liz and David Carroll and called for stricter licensing requirements, better monitoring of foster children and increased state oversight of private agencies.Lifeway for Youth shouldn't have allowed the Carrolls to be foster parents because they weren't qualified or trained, the report by the Ohio Department of Job and Family Services concluded.
Butler County Commissioner Mike Fox said he was impressed by the state examination, but also disappointed by the secrecy still surrounding Marcus' death and the people responsible for placing him.
"The only thing in this report that relates to Marcus Fiesel is the cover. We don't know any more about Marcus Fiesel today than we did before this report was issued," Fox said. "That illustrates one of the most glaring problems in the system. That's the secrecy."The report identified problems in the child-welfare system and made about four dozen recommendations, many that can't be accomplished without a big infusion of staff and money.Details of Marcus' placement and other aspects of the case were not included in the report."This is not an attempt to cast blame," said Barbara Riley, the head of the department. "This was a really horrific case and we need to understand why it happened."
The 34-page report reviews state laws and makes recommendations to strengthen them.
Riley said she wasn't sure whether Lifeway, which has licenses to operate in four other states, including Kentucky, will be allowed to remain in business in Ohio. Local counties continue to avoid placing children with Lifeway, as they have since Marcus' death.
Lifeway is seeking recertification and is in the middle of that process, which concludes Jan. 18.
"We are much more interested in how they do business across the board and not exclusively what they did with this case," Riley said.Lifeway executive director Mike Berner did not return a phone call. A woman who answered the phone at the company's New Carlisle headquarters said no one would comment Monday because they wanted to talk to their attorney first.
The state exonerated Butler County Children Services of any missteps in the 3-year-old boy's placement with the Carrolls for three months until his death in early August, when he was bound and left in a closet while the Carrolls spent two days at a family reunion in Kentucky.
The developmentally delayed Middletown boy was dead when the Carrolls returned and his body was burned to hide the evidence, police said.
Butler County took custody of Marcus in April after removing him from his mother Donna Trevino's Middletown home when he was found wandering in the street. The county contracted with Lifeway to find Marcus a foster home.
The Carrolls, who also provided day care for low-income families in Clermont County, are now jailed on murder charges and other offenses.
"This report shows that we did our job. We take no solace in this because we still grieve for Marcus," said Jann Heffner, executive director of the Butler County agency. "But we will go forward with the other hundreds of children and their families and we will make sure that we've learned."
Butler County has already instituted stricter requirements for foster parents, including FBI criminal checks for everyone - a change not mirrored in the state's recommendations.Clermont County Department of Job and Family Services didn't escape criticism from the state, which cited the agency for six violations involving Liz Carroll's day-care certification.Officials at that agency characterized the infractions as minor, saying many involved paperwork.
Riley said she didn't know what the extra staff and tougher standards would cost, where the money would come from, or how much staff she would have to hire to keep a closer eye on private agency placements and operations.For instance, when the state recertifies a private agency, it reviews two to three homes at length - a snapshot that might not provide a realistic picture. The state would need more money and staff to review more homes, Riley said.
Still, the state report pointed out that the Department of Jobs and Family Services already struggles to monitor private agencies, saying it has been able to complete only one of two required inspections at each since 2005 because of increased federal mandates for placements of ethnic children.Riley said Ohio has a history of cutting resources, and county agencies are not flush with resources.At least one legislator was confident Monday some extra money would be made available.
"With the incoming Strickland administration, I think you are going to find a lot of support in the executive branch and the legislature to do what's right for Ohio's children," said state Sen. Gary Cates, R-West Chester.Cates and other legislators will meet in Columbus on Monday in a working group created by state Sen. Tom Niehaus, R-New Richmond, to start planning changes in the law.
Proposals could be introduced as early as January, Cates said, and the state report helped define what needs to be done.
In spite of the apparent failures of Lifeway, Riley said there is no consideration for doing away with the large role that private agencies play within the state.The state licenses 10,000 foster homes. About half of the children in the foster-care system are placed through private agencies such as Lifeway.Although oversight is still be done by the county agencies, the majority of the work - recruiting, recommendations for licensing and background checks, falls to the private agencies.
Ohio is one of 11 states in which the business of foster care is generally left to the counties and not state oversight.Riley also said changes to that system are not being considered.
Regardless of the recommendations and changes made, the foster-care system will not be perfect, Riley said. "We cannot create a fail-safe system, but I believe we can make a better system," she said.
Fox, who has pushed for local reform and openness in the child welfare system, said he was impressed that the state took a look inward in its report.
But he didn't think it looked deep enough. It failed to provide specific details of Butler County and Lifeway's handling of Marcus' case, nor did it include any documentation, Fox said.
Report's criticisms of Lifeway for YouthA six-member team of the Ohio Department of Job and Family Services' Offices for Children and Families and Family Stability reviewed the Marcus Fiesel case and severely criticized Lifeway for Youth for handling the 3-year-old boy's placement with Liz and David Carroll Jr., the foster parents accused of killing him.
According to the review, Lifeway failed to meet state requirements and inappropriately recommended that the foster parents be certified to be foster parents.
In addition:The Lifeway home study did not contain required information regarding the Carrolls' marriage and relationship, their medical conditions, David Carroll Jr.'s children, the Carrolls' attitudes regarding discipline, complete work histories and the child-care program the Carrolls ran from their Union Township home. The study also did not contain a summary of the Carrolls' suitability to be foster parents.The Carrolls improperly provided one personal reference who was a relative, and
Lifeway did not check any references.Lifeway over-reported the training hours it provided. Consequently, Lifeway recommended the Carrolls for certification before providing them with the required training.Lifeway records did not document the Carrolls had the experience, education and training necessary to be foster parents.
Lifeway also violated the following regulations:A plan for regularly scheduled respite care was not developed.
Treatment team meetings were held only on an as-needed basis.
There was no documentation that Lifeway provided the Carrolls with a handbook and/or copies of agency policies on or before the date they were certified to be foster parents.
Visits conducted by the agency were not as frequent as required.
Neither Marcus' treatment plan nor the plan updates were co-signed by the case manager's supervisor as required.
The clinical treatment team supervisor lacked a professional license as required.
Lifeway did not make sure the Carrolls maintained complete and current notes regarding the child.
Lifeway did not investigate the Carrolls' failure to report the alleged injury of the child in the required time period.
Other violations included:Lifeway submitted reimbursement claims for more hours of training than it provided.Lifeway board did not assure the agency's compliance with state requirements governing child-care agencies and foster care.
Lifeway also violated Marcus' rights to:Receive appropriate and reasonable adult guidance, support and supervision.
Be free from physical abuse and inhumane treatment.
Live in clean, safe surroundings.
Ohio Department of Job and Family Services Office for Children and Families report, Nov. 27.Suggested changes in foster careThe Ohio Department of Job and Family Services' Office for Children and Families made the following recommendations Monday in light of the death of 3-year-old Marcus Fiesel:
Amend state law to require some annual background checks for foster caregivers to include local law-enforcement agencies. Credit checks, residential histories, income verification and drug testing would be done before certification and then again during the re-certification process.Expand the required criminal background checks for foster parents who were certified before Oct. 29, 1993. An earlier law grandfathered such parents from what is currently on the books.Amend state law to require a minimum of three face-to-face interviews in the applicants' home by the agency recommending prospective foster parents and complete individual interviews with each member of the household before certifying the foster parents.
Increase training for foster parents.
Expand the list of offenses prohibiting an applicant from being certified as a foster caregiver to include permitting child abuse, driving while under the influence, cruelty to animals, ethnic intimidation, fraud and embezzlement.Require agencies to have monthly visits with the child and the caregiver in the foster home.
Require county agency to have face-to-face contact with the home or residential setting.
Have the agency conduct unannounced visits with the caregiver at least once every six months within the home or residential setting.
Allow for harsher criminal charges when a certified foster caregiver harms a child.Require the private agency to report all critical incidents involving foster care children to the county agency.
Private agency would also have to notify the county agency of any person who resides in the foster caregiver's home more than two weeks.
Private agency would have to immediately notify the county agency of any criminal offense brought against the foster caregiver or any resident of the home.
The report recommends the state Office for Children and Families:Explore electronically accessing criminal background check.
Require identification of all physicians treating all members of the household.
Ohio Department of Job and Family Services Office for Children and Families report on death of Marcus Fiesel, Nov. 27How the case unfoldedAug. 3: Marcus Fiesel's social worker visits Liz and David Carroll Jr. and sees the 3-year-old Middletown boy for the last time.
Aug. 4: The Carrolls leave Marcus "restrained" in a closet in their Union Township, Clermont County, home, and go to a family reunion in Williamstown, Ky., officials say.
Aug. 6: Carrolls return home to find Marcus dead. David Carroll Jr. takes the child's body to Brown County and burns it, according to Hamilton County Prosecutor Joe Deters.
Aug. 10: Marcus' social worker arrives at the Carroll home but is told he is sick. Social worker leaves without seeing Marcus.
Aug. 15: Hamilton County dispatcher receives a 911 call reporting a woman unconscious in Juilfs Park in Anderson Township, with three small children nearby. Liz Carroll is taken to Mercy Anderson Hospital. David Carroll Jr. arrives and tells authorities Marcus is missing. An alert about Marcus goes out in Anderson Township.
Aug. 16: Hundreds of volunteers join the search. Police search Carroll home and remove some items. Search is called off at 8 p.m.
Aug. 19: The Carrolls move from their Union Township house.Aug. 20: Butler County authorities launch a review of cases handled by Lifeway for Youth, the agency that recruited and trained the Carrolls and placed Marcus with them.
Aug. 21: Liz Carroll says her Clermont County day-care certificate was taken away.
Aug. 22: Police say Liz Carroll reported that a Lifeway caseworker saw Marcus Aug. 10. She describes adults she saw in the park. She says her husband failed a lie-detector test. She calls Marcus "my son. I know 100 percent he was at the park with me - and my husband, myself, nobody harmed him."
Aug. 23: Police release more photos of Marcus. Clermont, Hamilton, Butler and Warren counties halt placements through Lifeway and remove some clients from Lifeway-trained foster parents.
Aug. 24: Butler County officials reveal that the caseworker who was supposed to see Marcus Aug. 10 was turned away.
Aug. 25: Hamilton County Sheriff Simon Leis says he doubts Marcus is alive.
Aug. 28: Liz Carroll and Amy Baker, a live-in girlfriend, are called before a Hamilton County grand jury. The Carrolls are each indicted on one count of involuntary manslaughter and two counts of child endangering. David Carroll Jr. also faces one charge of abuse of a corpse. They are arrested.
Sept. 6: Liz and David Carroll Jr. plead not guilty to murder charges in Clermont County.
Oct. 6: Clermont County prosecutors say the Carrolls routinely tied up Marcus with tape and blanket.
Nov. 15: A Clermont County judge grants a request by the Carrolls that the Juvenile Court case on the custody of their four children be delayed until after the couple are tried on murder charges.
Nov. 17: Tougher standards for foster parents top a legislative wish list prompted by the death of Marcus.
Nov. 27: Ohio Department of Job and Family Services Office for Children and Families blames Lifeway for Youth for violations of state standards.
Sources: Butler County, Clermont County, Hamilton County prosecutors; children's services advocates; and Enquirer research.To read the full report on Lifeway's handling of the Marcus Fiesel case, go to Cincinnati.Com.Keyword: MarcusThe EnquirerClermont County review and response