Monday was deadline for Lifeway to file an appeal

Lifeway won't fight its shutdown
Brooks-Higgins, Candice. Cincinnati Post, March 20, 2007, pg. A2.

The private agency that placed 3-year-old Marcus Fiesel in the care of foster parents now convicted of his murder let the clock run out on its chance to fight its shutdown in Ohio, state officials said Monday.

The state's failure to receive notification from New Carlisle-based Lifeway for Youth leaves more than 400 foster children in limbo, requiring their foster parents to try to get licensed by other agencies or counties.And at least 100 Lifeway employees in Ohio could soon be out of work, according to agency.

The Ohio Department of Job and Family Services decided to revoke Lifeway's license two months ago following the August murder of Marcus. He was placed by Butler County Children Services through Lifeway with Liz and David Carroll Jr.

They were convicted last month of murder for wrapping the boy in a blanket and leaving him in a playpen inside a closet for two days. He was dead when they returned from a family reunion.

Monday was Lifeway's deadline to file a notice of appeal with the state.

"They have chosen not to request a hearing and we will move forward with the revocation process," Jobs and Family Services spokesman Dennis Evans said Monday. "We generally go on what we have at hand. We have no formal request for a hearing from Lifeway for Youth."

Lifeway Executive Director and Founder Michael Berner said it has always been the agency's intent to appeal and attorneys are handling that. State officials have said Lifeway must first request an appeal hearing with ODJFS before the agency can file a further appeal in court.

Regardless, it appears the agency is preparing for the worst. There have been discussions with other foster care agencies in an effort to ensure a timely transfer of foster homes, Berner said. And at least a third of the agency's workforce has left, leaving about 100 employees to continue operating existing programs, he said.

"We have well over 300 foster homes across the state," Berner said. "It's not easy to think about just in a few days or even in a few weeks moving that size of a program from point A to point B. We are not even sure how it can be done, quite frankly."

In early February, Berner said his agency was calling it quits and would transfer its assets and its 308 Ohio foster homes -- along with the care of 477 children -- to Phoenix Homes International, based in Delphos, Ohio. Lifeway would continue to operate in five other states, including Kentucky and Indiana.

However, the state said a transfer that massive is not so simple. Each foster parent would need to request a transfer to Phoenix and Phoenix would need to have a contract with a public child welfare agency in the county where the foster family lives.

Phoenix was just issued an Ohio license last week. "They are not seeking a transfer of families and it will be a while before they are up and running in Ohio," Evans said.

Lifeway's shutdown, if it happens, will be gradual, but a timeline will soon be set for it, Evans said. Lifeway will continue to operate and monitor its foster placements until foster parents transfer their licenses to other public or private foster care agencies.

The Butler County Children Services Board will accept transfers, but foster parents will need to undergo new background checks, Deputy Director Donna Saunders has said.