Donna Trevino should not be rewarded for his greed

Marcus' mom settles lawsuit
Lifeway to pay her other children
Kelley, Eileen. Cincinnati Enquirer, Feb. 10, 2007, pg. B1.

Donna Trevino, the birth mother of the 3-year-old foster child killed last August, allegedly by his foster parents, would receive up to $800 every month to care for the child's siblings should they be returned to her.

Of the $206,819 draft settlement between Lifeway for Youth and Trevino, of Middletown, $67,058 would go to her attorneys. She had sought $5 million in a multiparty lawsuit filed in September.

The children could be getting more money as various parties to the suit settle.

Trevino told police in April to take her children; that her son Marcus Fiesel, who was developmentally disabled, and his older brother and infant sister, were not her problem.

Trevino now is trying to get her other children back. If she does, the money would have to be used for them, said Kevin Hughes, Trevino's attorney.

A trust officer would be assigned to oversee how the money is spent. "They'll be asking for receipts," said Hughes.

Hughes anticipates that the payments would begin in April whether Trevino gets the children or not. If she doesn't, the money would go to the children's foster parents.

Each child also would receive four lump sum payments. The smallest would be $5,000, when each turns 19 and is old enough to manage money, and the largest would be $25,000 at age 30, according to the probate documents obtained by The Enquirer.

"The whole thing is for the benefit of the kids," Hughes said. "That is what Donna tried to explain early on. She is not receiving anything out of this settlement."

Children Services has been involved with Trevino, 38, and Marcus since he was at least 1. All three children were put into foster care about 22 months ago.

Marcus was placed in the home of Liz and David Carroll Jr. Marcus' siblings, a brother, 11, and a sister, 19 months, remain in foster care.

Prosecutors maintain the Carrolls left Marcus in a closet for a weekend in August when they and their live-in girlfriend, Amy Baker, left the Clermont County home to go to a family reunion.

Liz Carroll's murder trial begins Monday.

Not long after the Carrolls were arrested, Trevino, through her attorneys, filed the lawsuit against Lifeway for Youth, the private agency that trained the Carrolls to become foster-care providers; Butler County and Butler County Children Services; the Carrolls; and Baker.

Butler County and the Children Services Board were later dropped from the suit after Trevino's attorneys were unable to prove gross negligence. The Carrolls were served legal papers in jail.

Baker was served last week, a delay caused because attorneys had a difficult time finding her address. None has responded to the suit. Hughes said he will file a judgment against the Carrolls.
A probate judge needs to approve the Lifeway settlement. A hearing is set for Feb. 27.

Trevino has said that she would like to have her surviving children back. She moved to Middletown a few years ago.

She is on Social Security disability and has moved frequently. Caseworkers in Butler County have prepared a plan for her to follow if she is to get her two children back.

Details of that plan are not public. She is able to visit with her children. Efforts to reach her Friday were not successful because her phone has been disconnected.

"We are happy with the settlement," said Hughes. "We wanted to provide some protection and security for these kids as they grow up. We are glad that Lifeway actually came forward with the money."