Ohio foster parents and privacy issues

Lawyer: Open up foster care records
Craig, Jon. Cincinnati Enquirer, June 14, 2007.

COLUMBUS – An attorney for the Enquirer joined an Ohio Newspaper Association lobbyist today in arguing for more public access to foster care records – not increased privacy, as proposed in the Ohio House.

“Anyone who lives in southwestern Ohio will remember for years to come the events of last summer, when the story of 3-year-old Marcus Fiesel rallied us, and then horrified us,” said John C. Greiner, a Cincinnati attorney representing the Enquirer.

Marcus died in August when his foster parents left him tied up in a closet when they went on a weekend trip to Kentucky. Liz and David Carroll Jr. were later convicted in his murder.

“The public came to know Marcus’ foster parents only when it was too late to raise concerns about their fitness,’’ Greiner testified. “And what the public learned made all of us question why that boy was placed in that house. It is important to remember that Marcus Fiesel died not because the public knew too much about his situation, but because the public knew too little.”

A March 4 newspaper story was a focus of today’s debate in the House Committee on Juvenile & Family Law. The Enquirer reported that Hamilton County court officials discovered 27 foster parents were arrested for charges ranging from child endangering to assault, domestic violence, receiving stolen property, menacing and welfare fraud.

Frank Deaner, executive director of the Ohio Newspaper Association, said he can’t see how a blanket exemption of public records helps solve problems raised by the Marcus Fiesel case.

“We fail to see how completely shielding all records of foster parents will somehow make the system safer for other foster children,’’ Deaner testified. “In fact, we believe that, as written, House Bill 214 will put foster children at greater risk than they are under current law.”

State Rep. Diana Fessler, a Republican from New Carlisle, took the rare initiative of testifying against closing public records. Fessler, a committee member, is from New Carlisle, where Lifeway For Youth is headquartered.

Lifeway placed Marcus in the Carrolls’ Clermont County home and is defending its foster care license in state hearings that are expected to conclude Thursday.

Fessler and Rep. Jennifer Garrison, a Democrat from Marietta, said they favor more scrutiny of foster care agencies, case workers and the Ohio Department of Job and Family Services – not less, and said watchdog groups and the media should have increased access to such information.

A deputy sheriff from Logan County, child service officials from Cuyahoga and Lucas counties and foster parent, meanwhile, testified today that children and their foster parents might be endangered by publicizing their names.

“I only ask that we be left with some privacy when issues of safety could be involved so we have the ability to not only keep the children in our home safe, but our family as well,’’ said Matthew Coleman of Toledo, who said he’s been a foster parent to countless children during the past 10 years.

Deaner and Greiner said a proposed House amendment that would release the names and other details about foster parents only after their license is revoked is not adequate.

“We cannot bring Marcus back, but perhaps we can honor his legacy by ensuring that such a tragedy never reoccurs,” Greiner said.