What about accidental death?

Officials ask for death penalty
Cincinnati Post, December 4, 2006, News pg A2.

The state's child welfare directors want lawmakers to make it automatically possible for foster parents to receive the death sentence if convicted of killing children placed in their care.

The proposal was prompted by the case of 3-year-old Marcus Fiesel of Middletown, who authorities claim died at the hands of his foster parents, Liz and David Carroll Jr. of Clermont County. Both have been charged with killing Marcus.

"There is nothing more egregious than for a person who has come forward saying, 'You can trust me,' to turn around and kill a defenseless child who has been removed from their home because of abuse, neglect or another troubling circumstance," Franklin County Children's Services director John Saros said. "I view it as an aggravating circumstance that shouldn't be treated any differently than someone who murders a police officer or firefighter."

The Public Children Services Association of Ohio, a private group that represents the state's child welfare agencies, plans to deliver the death penalty recommendation and other suggested reforms to the state Legislature soon for lawmakers' consideration.

The Ohio Department of Job and Family Services also is taking a close look at state policies after the death of Marcus, who was developmentally disabled, in August. The department has made 54 recommendations, including toughening foster care licensing and screening standards.

The Carrolls are accused of binding Marcus with a blanket and packing tape, then leaving in him in a closet in their Union Township home for two days while they attended a family reunion in Kentucky. Marcus was dead when the couple returned, authorities said.

The state's report following the death cites problems with Lifeway for Youth of New Carlisle, the private agency that recommended the Carrolls, alleging the home study and follow-up visits were inadequate and that the agency didn't check references.

Most placement providers said they understand the need for changes in the wake of Marcus' death. But the stricter guidelines could lead to gridlock at some agencies, said Robert Marx, executive director of the Rosemont Center, a private agency that places foster children.

"I really understand Children Services' need for this," Marx said. "But I really worry that if you ask for every home study, training record and piece of paper in a foster parent's file, no one will have time to do anything else."

Along with the death penalty recommendation, the Public Children Services Association of Ohio's proposals include matching children with emotional and physical disabilities with trained caretakers and changing how foster care funding works so that agencies still receive money for helping keep families together, rather than removing children.