Thursday, April 19, 2007

Hiding behind confidentiality, misrepresenting large caseloads and retaliating against ombudsmen

Butler director given reprieve at child agency
Brooks-Higgins, Candice. Hamilton Journal News, April 16, 2007, pg. A2.

Friday was expected to be Jann Heffner's last day as executive director of Butler County Children Services. Staff and foster parents even gathered for a going away party at 11 a.m.

After a more than three-hour executive session that same afternoon, though, Heffner re-emerged as director -- at least until the agency's board decides her future in a meeting Thursday. In exchange, the agency's board was able to nix controversial agreements that would have made her special projects director until June 30 and also a consultant for the year that follows at a salary of $110,000.

Now, Butler County commissioners await the agency's next move in the saga sparked by the August death of foster child Marcus Fiesel, 3. They said Friday that Heffner's departure is necessary to restore public trust before taxpayers are asked to renew a children's services levy set to expire Dec. 31, 2008.

Though commissioners said accomplishments under Heffner's leadership since 2002 are undeniable, it's what she didn't do that seals their conviction that she must be replaced.

Heffner on Friday listed improvements at the agency under her leadership: From 2003 to 2005, the agency increased the number of children reunified with their families by 11 percent, increased legal custody to relatives by nearly 62 percent and dropped the median days a child spends in a foster placement by almost 59 percent, according to the Public Children Services Association of Ohio.

During the last levy campaign, the agency promised to open a Middletown office. In February, staff began serving 40 percent of its client families in Middletown.

To increase the probability of family reunifications, the agency last May opened the Family Connections visitation center in Hamilton. After Marcus' death in August in the home of his foster parents in Clermont County, Heffner promised several improvement efforts, and Children Services spokeswoman Denise Winkler said the following were done:

* A foster parents recruiting unit was expanded to include current and former foster and adoptive parents.

* Contracts with private foster care agencies like Lifeway for Youth, which selected the home where Marcus died, were renegotiated for more frequent foster parent background checks. They now require state, federal and driving record checks every year, local criminal checks every six months, and notification within 24 hours of criminal activity.

* Instead of every three months, caseworkers in September began checking private foster homes inside and outside the county each month. However, the agency could not confirm if out-of-state homes had been included.

Nevertheless, County Commissioner Michael Fox called Heffner's tenure "disappointing." He and former Children Services board chairman Hall Thompson have said Heffner failed to do what they recruited her to do.

They wanted an "open, honest consumer-friendly" agency, a reduction in caseload, and an independent ombudsman to handle parent grievances and ensure fairness. Instead, Thompson said the agency has hidden behind confidentiality, misrepresented high caseloads and retaliated against ombudsmen whenever they exposed problems. Since Heffner arrived, there have been five ombudsmen; the fifth is on administrative leave.

"The biggest difficulty that Jann had was being trustworthy," Fox said.

Fox said that issue contributed to a lack of trust in upper management demonstrated in a recent employee survey.

Key partner agencies -- like the Butler County Mental Health Board, the Family and Children First Council, and the county board of Mental Retardation and Developmental Disabilities -- have all publicly expressed frustration in working with Heffner and the agency.

Amy Baker's children have not committed a crime

Baker custody details withheld
Greber, Dave. Cincinnati Post, April 14, 2007, pg. A2.

A Clermont County Juvenile Court Magistrate ruled Thursday the public interest in a custody battle is "greatly overshadowed" by the need to protect Amy Baker's three children.

In a written decision issued Thursday, Clermont County Juvenile Magistrate Stephanie Wyler prohibited parties involved in the custody case from disclosing the names, current residences, schools, medical or psychological evaluations and daily activities of the Baker children, ages 4, 6 and 7.

Baker, the live-in girlfriend of foster parents Liz and David Carroll Jr. convicted of killing 3-year-old Marcus Fiesel, was granted immunity to charges relating to the developmentally disabled Middletown boy's death and disappearance in Hamilton and Clermont counties. The 25-year-old Amelia woman also was the prosecution's key witness against the couple. Baker and her estranged husband, Brian, both are fighting for custody of their children, as are the children's maternal grandparents Robert and Tracy Ramsey.

"Certainly, it can be observed that these children are 'second-tier victims' of this tragic event," Wyler wrote. "Because of this, this court believes strongly that the public interest in this drama is greatly overshadowed by the need to preserve and respect the privacy of these children, most of whom are of sufficient age and ability to be fully aware of the television and print media coverage."

Independent review of foster parent arrests in Hamilton County

Foster parent arrests get review
Cincinnati Enquirer, April 11, 2007, pg. 3B.

HAMILTON CO. - A Cincinnati attorney has been hired at $200 an hour to review case files of Hamilton County foster parents with arrest records.

County commissioners Monday approved an agreement with Ross M. Evans of Katz, Greenberger and Norton LLP. His pay will not exceed $50,000 a year.

Evans will provide an independent review of certain foster care case files flagged through a newly-created instant notification system at the Hamilton County Department of Job and Family Services. The system provides background checks on foster parents and alerts the department immediately of any arrests in Hamilton County.

Butler Co.disputes task force recommendation to disband board

Children services agency counters
Board disputes restructuring idea
McLaughlin, Sheila. Cincinnati Enquirer, April 17, 2007, pg. B1.

HAMILTON - Board members at Butler County Children Services and their attorney fought back Monday against a push to restructure the agency.

In a two-hour presentation before county commissioners, they disputed findings of a task force that recommended disbanding the independent volunteer board of directors and merging the agency with the county Department of Job and Family Services.

They spelled out their accomplishments, saying achievements were ignored in a report last month from the commission-appointed task force.

They defended Executive Director Jann Heffner, who withdrew her resignation late last week after a storm of controversy involving a $110,000 consulting contract the agency's board gave her when she agreed to leave. The county prosecutor said the contract was illegal.

Greg Jolivette and Chuck Furmon - the two county commissioners who listened to the pitch - said they weren't really swayed by what they heard.

Commissioner Mike Fox, who has led the campaign to reform children services following the death of 3-year-old Marcus Fiesel in foster care, was absent from the meeting because he was hospitalized.

"Is this a reasoned outcome or an outcome in search of a reason?" Bill Seitz, the attorney children services officials hired to fight the restructuring, said after the meeting. "It seems like a predetermined deal without reason."

Seitz and board members painted a positive picture of the agency, pointing out a state investigation cleared the agency of any blame in the August death of Marcus. The Middletown boy was bound and shut in a closet for two days while his foster parents, Liz and David Carroll Jr., went to a family reunion in Kentucky. The Carrolls, of Union Township in Clermont County, are serving life sentences after being convicted in February of the child's death.

Butler County contracted with a private agency, Lifeway For Youth Inc., in New Carlisle, to place Marcus and had approved the Carrolls as his foster parents. The boy's death sparked a review of foster care licensing regulations and changes at the state and local levels to better protect children.

Lifeway is fighting to keep its state foster care license and recently filed a $1 million libel suit against the Ohio Department of Job and Family Services alleging the nonprofit company became a political scapegoat.

The task force, which began reviewing the child protective agency following Marcus' death, concluded that it was a "mess" in need of new leadership. The report criticized a "culture of secrecy" at the agency.

Seitz alleged the task force itself met in illegal executive sessions.

Children services board member Bill Fye reminded commissioners that the agency keeps information about families confidential because that's the law.

"How can merging children services into another government bureaucracy improve openness?" he asked.

Fye said the county agency has made great strides since Marcus died to better track placements, foster parents and the private companies that contract with Butler County.

He also credited Heffner for raising agency standards after she came aboard in 2002. For instance, Heffner's efforts have significantly reduced staff turnover and increased the number of children staying with relatives so they don't have to go into foster care, he said.

He disputed that task force's contention that the agency was top-heavy with management, saying Butler County - with 36 percent administrative staff - was far lower than other suburban counties in the state according to the Public Children Services Association of Ohio.

The agency's board is addressing the increasing number of cases handled by social workers, Fye said, noting they are on par with similar counties.

Jolivette said he thought some of the issues raised Monday were worth looking into, especially whether a levy - which provides 63 percent of the Children Services budget - could be used by the reorganized agency.

Commissioners gave notice to the children services board last month that they intend to restructure children services. They are expected to vote on the matter May 7.

"I've made public statements that this decision has already been made, it's irreversible," Jolivette said. "I still feel that way but there are some things we need to take into consideration as we do move forward."

By the numbers
From 2003 through 2005, Butler County Children Services Board:
Increased the number of children reunited with their families by 11.1 percent, ranking it second among metro counties.
Reduced the number of days a child spends in a foster home or other placement by 58.5 percent, leading all metro counties in Ohio.
Decreased the time it takes to get children adopted by 38.1 percent, giving it the best record among metro counties in the state.

In the last 10 years, the agency has:
Reduced children in foster placement by 27 percent.
Cut by half the number of foster children in care for more than two years.
Reduced the number of children taken away from their parents permanently by 37 percent.

Sources: Public Children Services Association of Ohio and Protect Ohio Waiver Project

What's next
The Butler County Children Services Board meets Thursday to discuss Jann Heffner's future at the agency and vote on a resolution of support or rejection to the county commissioner's push for restructuring; 6:30 p.m. at the children services agency, 300 N. Fair Ave., Hamilton.

County commissioners will give its task force a chance to respond publicly to information presented by the children services board. The hearing hasn't yet been scheduled but will be part of a future commission meeting.

County commissioners expect to vote May 7 whether to merge children services with Butler County Job and Family Services or keep it under an independent oversight board.

Heart Gallery in Summit County

Loving foster, adoptive families sought; smiling faces need new homes.
Summit Co. Children Services creates photo exhibits of kids to raise awareness.
Hagelberg, Kymberli. Akron Beacon Journal, April 16, 2007, pg. A1.

In the photos, the boys and girls smile brightly and look like any other you would see with friends on a school playground or at the mall.

In fact, they are just like other children -- except the 22 pictures are just a fraction of the 100 or so youngsters in the custody of Summit County Children Services who are in search of a permanent home.The photos are part of Heart Gallery, an exhibit to raise awareness of the need for adoptive and foster parents, which opened Thursday at the Akron-Summit County Library downtown.

The idea for the Heart Gallery project began six years ago in Santa Fe, N.M. Exhibits can now be found in more than 60 locations in 45 states.

Pictures of the Summit County children were taken by volunteers. The images come with a first name and a paragraph of background. The children, ages 3 to 17, are in the permanent custody of the agency -- which means there is no chance they will return to their birth parents. The children in the display range from normal to mild to severe physical and mental disabilities. At least two in the group will probably require a lifetime of medical care.

Three-year-old Kaleb, a dimpled redhead with a light in his eyes, suffers from the effects of shaken baby syndrome and cannot sit on his own.

David, 17, who has Down syndrome, has spent most of his life in custodial care. He has limited verbal ability, but is able to provide for his own hygiene, self-care and is independent enough to help out around the house and at school. He is up for adoption now because his foster mother is 85 and wants to be assured of his future.

"These are adorable children we love and would love to see adopted," said Bethany Lee-Lane, the county's foster and adoption recruiter.

"David's foster mother takes great care of him, and we will keep him in custody until he is 21. At that time, he would probably go into a group home if he's not adopted.

"We get a lot of calls about Kaleb when people see that face, but when we tell them he might never walk, they lose interest," Lee-Lane said.

She said there are people who may not find his needs challenging.

"Maybe someone like that will see the pictures," she said. "We can't limit others based on what we believe we can or cannot do."

And sometimes children like Amber, Jordan and Devon, who do not have major issues, get lost in the background.

"The common person doesn't see the faces and personalities of these kids," Lee-Lane said. "Even though you see them at school with your own children or at church every Sunday with their foster parents doesn't mean that they don't need a permanent home."

Children who are adopted from foster care receive financial and medical assistance from the agency until they turn 18 or 21, depending on the individual situation. Court fees are minimal and reimbursable, Lee-Lane said.

Those interested in fostering or adopting a child must undergo a home study, fingerprinting, a criminal background check and take 30 hours of training. A history of domestic violence and some other violent crimes will exclude an applicant, but other felonies and misdemeanors do not.

For information on becoming an adoptive or foster parent, call Lee-Lane at 330-996-1054. Call 330-379-1990 to obtain an information packet from Summit County Children Services.

The Heart Gallery exhibit will remain through April 27 at the main library, 60 S. High St. Additional displays can be seen April 23 to May 4 at Akron Children's Hospital, Third Floor, One Perkins Square, and May 7 to June 15 at Chapel Hill Mall, 2000 Brittain Road.

Butler Co. hides behind confidentiality, misrepresents high caseloads and retaliates against ombudsmen

Butler Director given reprieve at child agency
Brooks-Higgins, Candice. Hamilton Journal News, April 16, 2007, pg. A2.

Friday was expected to be Jann Heffner's last day as executive director of Butler County Children Services. Staff and foster parents even gathered for a going away party at 11 a.m.

After a more than three-hour executive session that same afternoon, though, Heffner re-emerged as director -- at least until the agency's board decides her future in a meeting Thursday. In exchange, the agency's board was able to nix controversial agreements that would have made her special projects director until June 30 and also a consultant for the year that follows at a salary of $110,000.

Now, Butler County commissioners await the agency's next move in the saga sparked by the August death of foster child Marcus Fiesel, 3. They said Friday that Heffner's departure is necessary to restore public trust before taxpayers are asked to renew a children's services levy set to expire Dec. 31, 2008.

Though commissioners said accomplishments under Heffner's leadership since 2002 are undeniable, it's what she didn't do that seals their conviction that she must be replaced.

Heffner on Friday listed improvements at the agency under her leadership: From 2003 to 2005, the agency increased the number of children reunified with their families by 11 percent, increased legal custody to relatives by nearly 62 percent and dropped the median days a child spends in a foster placement by almost 59 percent, according to the Public Children Services Association of Ohio.

During the last levy campaign, the agency promised to open a Middletown office. In February, staff began serving 40 percent of its client families in Middletown.

To increase the probability of family reunifications, the agency last May opened the Family Connections visitation center in Hamilton. After Marcus' death in August in the home of his foster parents in Clermont County, Heffner promised several improvement efforts, and Children Services spokeswoman Denise Winkler said the following were done:

* A foster parents recruiting unit was expanded to include current and former foster and adoptive parents.

* Contracts with private foster care agencies like Lifeway for Youth, which selected the home where Marcus died, were renegotiated for more frequent foster parent background checks. They now require state, federal and driving record checks every year, local criminal checks every six months, and notification within 24 hours of criminal activity.

* Instead of every three months, caseworkers in September began checking private foster homes inside and outside the county each month. However, the agency could not confirm if out-of-state homes had been included.


Nevertheless, County Commissioner Michael Fox called Heffner's tenure "disappointing." He and former Children Services board chairman Hall Thompson have said Heffner failed to do what they recruited her to do.

They wanted an "open, honest consumer-friendly" agency, a reduction in caseload, and an independent ombudsman to handle parent grievances and ensure fairness. Instead, Thompson said the agency has hidden behind confidentiality, misrepresented high caseloads and retaliated against ombudsmen whenever they exposed problems. Since Heffner arrived, there have been five ombudsmen; the fifth is on administrative leave.

"The biggest difficulty that Jann had was being trustworthy," Fox said.

Fox said that issue contributed to a lack of trust in upper management demonstrated in a recent employee survey. Key partner agencies -- like the Butler County Mental Health Board, the Family and Children First Council, and the county board of Mental Retardation and Developmental Disabilities -- have all publicly expressed frustration in working with Heffner and the agency.

How can he say it's time to tell when he's never met her and doesn't know the full situation?

Family Wise: It's time for honesty
'Aunt' is really birth mother, and her daughter needs to know
Ramey, Gregory. Dayton Daily News, April 15, 2007, pg. D4.

Q My 8-year-old daughter is being raised by her grandparents. She refers to me as her aunt and is growing up to be a very sweet and well-adjusted little girl.Should I tell her that I am her biological mother? I am very scared as to what effect this may have on her. Would it be best to wait until she is older?

A It's time for you to be honest with your daughter. She likely will find out at some point that you are her biological mother.

The best time to tell her is now. It would have been better if you had spoken with her at an earlier age, so as not to live a lie that you are her aunt.

Be direct and speak at a level that she can understand. Don't go into a great deal of detail. Refer to yourself as her "birth mother."

Tell her that you loved her so much, that you realized that you would not be able to provide as good a home as her grandparents. Make sure her grandparents are comfortable with the explanation. At age 8, you may get a few questions, but be prepared for more detailed questions as your daughter gets older.

Being honest does not mean you have to answer every specific question regarding what was going on in your life that caused you not to raise her. Keep the focus on the love that you have for her and the fact that you put her needs for a good home in front of your desire to raise her.

Agape for Youth celebrates making a difference

Commentary: Woman 'would not have made it' without help from Agape for Youth
Huffman, Dale. Dayton Daily News, April 15, 2007, pg. A5.

An organization known as Agape for Youth in Dayton has been providing foster care and adoption programs for children in our community for 18 years.

According to Sandra Geib, development director for the organization, young people are sent to summer camps, sporting events such as Dayton Dragon baseball games, Schuster Center performances and many other places.

The nonprofit organization is planning a dance camp and an art camp for children this summer.

Agape will provide financial assistance to young people in the program who need help to attend college.

Sandra recently heard from Tara Hibbard, who is an Agape success story.

"Tara came to Agape for Youth at the age of 11," Sandra said. "We were able to find her a good home with Mark and Bonnie Simpson of Dayton. She quickly became a part of their family. She did well in school and attended church with the Simpsons."

Sandra said they did all the normal family activities. "They enjoyed family trips, and special activities and in general they bonded and Tara became a part of a family that really loved her."

A time came, Sandra said, when Tara had an opportunity to live in Mississippi with a relative and she moved out of the Simpson household.

"But Tara stayed in touch over the years as Mark and Bonnie started their own family," Sandra said. "Tara always felt she was a part of the Simpson family."

Tara had children, and they referred to Mark and Bonnie as grandpa and grandma, according to Sandra.

Then Hurricane Katrina damaged the home of Tara and her family.


"When the Simpsons heard about it, they filled a moving truck with donations from the Dayton area and drove to Mississippi," Sandra said. "They distributed the items to those in need, and then loaded up Tara and her family and brought them back to Dayton."

The Simpsons invited Tara and her family to stay with them.

Tara enrolled in college and with the help of Agape received a monthly check to help offset the college expense.

According to Sandra, all these months later Tara and her family have their own home not far from the Simpsons, and Tara has a job and is doing well.

"Tara says she owes her life to the Simpsons, and that she would not have made it in this world if Agape had not been there for her," Sandra said. "She wants to help make money to support the many projects of Agape."

At 6 p.m.Friday, the Agape for Youth organization will host a fundraiser called From Adversity to Opportunity at the Mandalay Banquet Center.

Stephen M. Geib, executive director of Agape for Youth, said that Carl Day, the Emmy winning anchor from WDTNTV, will be master of ceremonies. The event is supported by Butch Brown of Dayton's Clear Channel radio stations, his wife, Karen, and Nancy Wilson, morning co-host on K-99.1 FM radio.

Nationally known auctioneer Doug Sorrell of Miamisburg will help auction items including a 2006-07 Indianapolis Colts helmet signed by team members.

The guest speaker is Mark Baker, a former Dunbar High School athlete who later played basketball for Ohio State and then in the NBA.

They are asking a donation of $50. For tickets, call (937) 439-4406, ext. 22. For more information, visit https://webmailcluster.perfora.net/xml/webmail/mailContent;jsessionid=9ECB66EFCEBC856C3F8BC8D3DD0970F2.TC135a#.

Federal report criticizes Hamilton Co.'s low adoption rate (36%)

County beefs up adoption staff
Brown, Jessica. Cincinnati Enquirer, April 13, 2007, Metro pg. B2.


Hamilton County Department of Job and Family Services is adding seven new jobs and making several other changes to increase its adoption rate after a scathing federal report last month. It blasted the county's child-services agency for its "abysmal" record of finding adoptive homes for children.

The department, which cares for 750 foster children and finds permanent homes for others, is hiring six new workers to recruit families to adopt children and one new manager at a cost of roughly $300,000, not including benefits.

Currently, the agency has three adoption recruitment positions.

The agency also expects to have a business plan finalized Monday that will increase the number of children being adopted.

It is also allocating $500,000 to launch a program designed to prevent children from entering the foster care system in the first place.

The federal report, which prompted the county to allocate the money to the child-care agency, found that children languish in foster care for months or years because the county does not aggressively recruit parents or match children to good homes.

The report also indicated the county's track record is especially poor for hard-to-place children such as blacks, children over 10 and those who have been in foster care for more than two years. It alleged neglect and misplaced priorities throughout the adoption program.

The report noted that heavy monitoring and state regulations compound the problem by tying staff up with paperwork, sucking resources away from adoption efforts.

The semiannual report is required under a 2002 settlement of a federal court lawsuit over discrimination in the adoption process.

Many Hamilton County children are difficult to place because of age and serious medical and behavioral issues, said Brian Gregg, agency spokesman.

At current staff levels, recruiters' case loads are too heavy to spend the intensive one-on-one time needed, Gregg said.

The new recruitment workers will have case loads small enough to allow them to dig into the lives of the children and find someone who had an impact on the child's life and might be an appropriate match.

Agency managers hope the beefed-up staffing will help find families for the 280 children on the adoption waiting list.

"We can't do this alone," said Moira Weir, assistant director of children's services. "We believe there is a family out there for every child and we have to work together as a community to find that family."

The new hires are expected to be made by mid-June.

According to the federal report, 36 percent of the 173 eligible children in Hamilton County were adopted in 2005 compared with 52 percent for all other large Ohio counties.

Between 2003 and mid-2006 Hamilton County finalized adoptions for 325 children.

That's far fewer than in other urban counties like Cuyahoga and Franklin, which finalized 2,056 adoptions and 991 adoptions, respectively.

Hamilton County also lagged behind several smaller counties including Montgomery, Lucas and Stark.

Changes at Job and Family Services
Here are some of the changes the Hamilton County Department of Job and Families Services proposes to increase its adoption rate:

-Hiring six new recruiters and one new recruitment manager

-Creating a business plan by Monday to increase the percentage and number of children being adopted

-Assigning a single responsible party to monitor progress toward business plan goals


-Modifying and enforcing staff performance standards

-Designating $500,000 to launch a permanency program where staff would work with families to prevent the children from entering or remaining in the foster care system.

-Analyzing techniques that are working in other counties

-Seeking help from Action for Child Protection, an agency that offers training and technical assistance to child welfare agencies, to improve staff assessment skills in home studies


-Implementing the Statewide Automated Child Welfare Information System in order to provide better case-management tools

-Communicating with community leaders regarding agency progress and strategy


Get more information about becoming an adoptive parent at 513-632-6366.
County to Heffner: Stay away
Board gave her new job; it's illegal says prosecutor
McLaughlin, Sheila. Cincinnati Enquirer, April 12, 2007, pg. B1
.

HAMILTON - When Jann Heffner shows up at her new job Monday, she might be working for free.

The county auditor said she won't pay Heffner, who was appointed administrator of legal services for Butler County Children Services Board after stepping down this week as the agency's executive director.


The prosecutor said she doesn't have to. The hiring was illegal. And, Heffner shouldn't expect to keep a six-figure consulting deal she made with the children services, Prosecutor Robin Piper said in a legal opinion released Wednesday.

He's told county commissioners they can break the $110,000 agreement without having to owe Heffner the full payoff she negotiated.

"A desire to protect Heffner is not a valid public purpose," Piper wrote in the opinion, which was requested by commissioners and county Auditor Kay Rogers.

He also said the agency's board of directors overstepped its authority when it hired Heffner in the newly created legal position. The board can hire only for the top spot, Piper said. Anything else falls to the executive director.

Heffner is standing firm, even though one commissioner said he hopes she'll just walk away. "Of course, I'm showing for work on Monday," Heffner said.

Her resignation as executive director takes effect Sunday. She's supposed to work as administrator of legal services through June 30, then start her year-long consulting contract on July 1.

Children services officials say they need Heffner to stay on as a consultant to work on projects that can't be done without her expertise.

Commission President Greg Jolivette said Heffner's presence at children services will be short lived.

Commissioners are expected to vote May 7 to disband the independent children services board and merge the agency with the county Department of Job and Family Services.

The switch requires a unanimous vote by the three commissioners, and Jolivette says he expects the issue will pass.

"The board could keep her on past April 15, but I'm not quite sure how they would do that. They would have to rescind her resignation or do something like that," Jolivette said.

"I think it's a foregone conclusion that we are going to make a change and we are not going to be hiring her for a consultant in the future."

Heffner resigned her $125,000-a-year job after weathering a storm of criticism following the death of 3-year-old Marcus Fiesel in foster care last August.

Her announcement in mid-February came as a commission-appointed task force prepared to release a review of the children services operation.

It concluded the agency was a mess and needed a change in leadership
.

Heffner and board members were waiting Thursday for advice from their attorney, Bill Seitz, who was out of state on vacation.

Seitz said last week the county would face a lawsuit if they refused to pay Heffner.

Piper's legal opinion said Rogers can deny payment and ultimately force Heffner to take the matter to court.

"Bring it on if she does," Rogers said of the threat.

Jann Heffner's deal

Dec. 12, 2006: Butler County Children Services Board of Directors extends Jann Heffner's employment contract as executive director for six months through June 30, 2007.

Feb. 16, 2007: The board accepts Jann Heffner's verbal resignation effective April 15 and names her director of special projects through June 30. It agrees to continue her salary and benefits that she was paid as executive director. The board announces its intention to contract with Heffner as a consultant.

Feb. 27, 2007: The board approves a one-year, $110,000 consulting contract with Heffner that will run from July 1, 2007 through June 30, 2008. A provision is included to give Heffner the full amount if the agency is restructured.


March 9, 2007: Heffner and the board's vice chair, Frankie Carlson, sign the contract, which also changes Heffner's title to administrator of legal services.

Jann Heffner's contract is challenged

Official: $110K contract invalid
Brooks-Higgins, Candice. Hamilton Journal News, April 12, 2007, pg. A2.


A controversial $110,000 consulting contract for the outgoing Children Services executive director is invalid, according to Butler County Prosecutor Robin Piper.

The county commissioners and auditor requested the 11-page opinion, which was released Wednesday afternoon. They have pushed to block payment on the contract for Jann Heffner since the Butler County Children Services' volunteer board approved it in February. That was soon after Heffner announced her resignation -- effective Sunday -- in the wake of the death of Marcus Fiesel, the 3-year-old who died in foster care.

Piper said the agreement is not enforceable for two reasons: Heffner was employed as the executive director at the time the contract was approved; and the contract does not serve a proper public purpose based on a clause that accelerates payment to Heffner should the Children Services Board be disbanded.

County commissioners announced plans to do just that and merge the agency with the county Department of Job and Family Services as a result of the contract's approval.

The contract, which Piper characterized as "severance pay," would allow Heffner to primarily work from her Delaware County home, turn in written reports quarterly and be reimbursed for travel expenses when she is asked to be present at local meetings.

"This consulting agreement was conjured up while (Heffner) was still the director," Piper said Wednesday. "That's contrary to law. She can't be the director and benefit from the creation of a contract."

Auditor Kay Rogers intends -- as she has stated in March -- to deny payment on the contract.

"Today, she's got some ammunition, some added support from the prosecutor," Commission President Gregory Jolivette said. "If it does go to court, I think that we are on real solid legal ground to refuse payment on this contract."

Children Services spokeswoman Denise Winkler reiterated Wednesday that the agency's board entered into the contract in "good faith."

The board would not have further comment until its private attorney, Republican state Rep. Bill Seitz of Cincinnati, returns from vacation Monday, she said.

Let's not have a pissing contest when the lives of children are at stake

Lifeway's license revocation hearing scheduled for June
Craig, Jon Craig, Cincinnati Enquirer, Metro pg. B5.


COLUMBUS - A hearing on whether to revoke Lifeway For Youth's state foster care license is set for June.During a pre-hearing conference Monday, state Examiner Christopher B. McNeil said Lifeway - the agency that placed 3-year-old Marcus Fiesel with foster parents who killed him - has a right to a speedy hearing.

"There will be a cloud over this foster care agency for as long as it takes to go to trial," McNeil said.

He set tentative hearing dates for June 4-7 and June 12-15.

"We completely agree. There is a cloud. We're ready to get to it," said Peter A. Lusenhop, a Columbus attorney representing Lifeway.

Lifeway, based in New Carlisle, oversees more than 300 foster homes in Ohio and operates in five other states.

Attorney Lisa Pierce Reisz, also representing Lifeway, argued they might need up to three weeks to defend the agency on 55 alleged violations.

"I'm not going to set aside three weeks for this hearing," McNeil said. "I'll set aside five days."

In January, the Ohio Department of Job and Family Services proposed that Lifeway's license be revoked. The state identified 147 violations in 40 Lifeway foster care cases, 27 of them in Marcus' case.

Kelley R. Haddox, a senior assistant attorney general, said her unit is working with half its normal staff and might have difficulty preparing the state's case by June. "I literally don't have five days (available) between now and July 15," she said.

Saturday, April 14, 2007

Two foster teens receive Rising Up and Moving On Awards


Step by step kids learn to succeed
Weyrich, Carleta. People's Defender, April 14, 2007.

Adams County Children Services hosted their annual Kids' Community Breakfast on April 4, to raise awareness of the efforts of child abuse and neglect prevention in the county. The administration building at the Adams County Fairgrounds was filled to capacity with families and government officials who came to celebrate steps taken in the right direction by about 50 local students.

"Success comes from making the best of what you have," said Dawn Grooms, foster care and adoption specialist with ACCS. "Anyone who has ever achieved something did so by making the best of what they had. That's why the road to success is so elusive. There really is no set path because we all start in different places with different resources. You reach success by knowing exactly what you want, having a desire that pulls you forward and using everything you have, your unique talents and resources, to get there."

Grooms presented two teens in the Adams County foster care program with Rising Up and Moving On Awards. This award is presented to outstanding youth in foster care who have achieved in the face of adversity. The recipients for this year were Bryant Purdin and Michelle Slover, both age 17.

ACCS first became involved with Bryant and his family when he was only six months old. Throughout his life, Bryant was in and out of foster care due to lack of supervision and unclean, unsafe living conditions at home.

Bryant is currently placed at the Mended Reeds Children's Residential Center in Ironton. He was a sophomore at the end of the 2005-06 school year, but plans to graduate this year from the Collins Career and Technical Center. According to Grooms, with hard work, determination and by taking summer classes, Bryant has been able to achieve his goal of graduating on time. In addition to his school work, he is also working 30-35 hours per week. Bryant plans to continue working after graduation.

"Throughout Bryant's young life, he has learned to overcome many situations and circumstances he has faced through no fault of his own," said Grooms. "Due to the care he receives from staff at Mended Reeds, Bryant has learned to develop positive relationships. He has matured into a young man who has truly risen up beyond all obstacles and is now truly motivated and prepared to move forward with his life."

ACCS became involved with Michelle when she was 12 years old. At the time, her father was deceased, and her mother became imprisoned, so she came to Adams County to live with a former stepfather. Less than a year later, Michelle was placed in Wilson's Children's Home due to abuses she suffered from him.

"In 2005, Michelle had the opportunity to share her story with our community at the Kid's Community Breakfast," Grooms said. "It was wonderful to hear her speak so eloquently about where she has been, and where she plans to go."

Now Michelle lives with foster parents, is an A-B honor roll student enrolled in the health and technology program at the Ohio Valley Career and Technical Center and is employed after school. Following graduation, Michelle plans to attend college and become a nurse.

"Michelle deserves to be recognized for her accomplishments," said Grooms. "She has shown strength and courage in her ability to share her story with others, to help with their healing and her own. She has shown dedication and commitment in her school work. She tries to do her best in every aspect of her life, and I am confident she will continue to reach for her dreams of becoming a nurse."

Also during the breakfast, Kids Who Care Awards were presented by Grooms, ACCS Caseworker Supervisor Sonya Evans and Wilson Children's Home Superintendent Michael Parks. Personnel from schools in the county nominated 41 students to be recognized for their efforts and achievements in going above and beyond for the benefit of others in their schools and community. Please see pictures in the coming Apr. 15 weekend edition of The People's Defender.

Many of the students were nominated for volunteering to assist their peers who are struggling with schoolwork, to help younger students or to befriend handicapped students. Some voluntarily gave up free time or recess to help others, some used their own resources to raise money for charity. The nominees overall preferred nothing in return for their actions and brightened the classroom with their enthusiasm.

Another group of students, from Peebles High School, provided entertainment during the breakfast with a selection from the musical "Oklahoma." The musical production will take stage at the school on May 11 and 12 at 7 p.m.

RISING UP AND MOVING ON - Two local teens have done exactly that, each finding the strength and determination to overcome past situations and circumstances beyond their control. Seventeen-year-olds Michelle Slover (left) and Bryant Purdin (right) were honored at the Adams County Kids' Community Breakfast with Rising Up and Moving On Awards. This award is presented to outstanding youth in foster care, who have risen up and moved on in the face of adversity.

Lifeway sues ODJFS

Foster-care agency sues state
Lifeway maintains its license revocation political

McLaughlin, Sheila. Cincinnati Enquirer, April 11, 2007.

The company that placed 3-year-old Marcus Fiesel in a deadly foster home sued the state of Ohio for $1 million Tuesday, saying the state spread lies that cost it business.

Lifeway For Youth Inc. of New Carlisle filed suit against the Ohio Department of Job and Family Services in the Ohio Court of Claims in Columbus, saying the agency's motives were "purely political."

The 13-year-old private foster-care company accuses the state of libeling the company in the press, interfering with business relationships with foster families and referring agencies, and abusing the state licensing process. It claims the state launched its campaign to revoke Lifeway's license even before it finished an investigation into Marcus' death.

The state "has been more concerned about shifting blame than about the welfare of Ohio's foster kids," said Mike Berner, Lifeway's founder and executive director.

Berner nurtured Lifeway from a ministry to a $15 million business that operates in six states, including Kentucky and Indiana.

Officials from the Department of Job and Family Services said late Tuesday they were reviewing the lawsuit.

"ODJFS remains confident that the decision to pursue the revocation of Lifeway for Youth's current certification to operate as a foster care recommending and placing agency is well-supported and will be upheld through the legal process," the agency said in a statement.

The court filing comes a day after lawyers for the company and the state met to set nearly two weeks of hearings in June so Lifeway can challenge the state's effort to take away its operating license in Ohio.

Lifeway will still go ahead with the hearings. The proceedings won't affect Lifeway's licenses elsewhere.

Berner claims he's lost about one-third of his business in Ohio.

"The department, by being so thorough and relentless in its public statement about the inferior quality of Lifeway, effectively ruined their business," said Melissa Mitchell, a Columbus attorney representing Lifeway.

"It affected their business in a very serious way, so much so that they might not be in business by the time of the hearings."

State officials did not have an immediate comment.

The lawsuit alleges that the state:

Issued a press release saying it had advised all counties to check on children in Lifeway homes even before starting its investigation into Marcus' death.

Repeatedly and publicly stated that it would revoke Lifeway's certification three months before it notified Lifeway of its intentions.

Altered reports from state field investigators who were involved in licensing Lifeway.

Made false and misleading statements to the media, including that it had found 147 violations when 55 of them were actually related to the revocation proceedings.


Lifeway also has asked a judge to place a gag order on state officials to keep them from making any further false statements to the media or saying anything negative about Lifeway to its referring agencies and foster families.

Lifeway officials said they've watched its Ohio business fizzle since August in the wake of Marcus' death.

The developmentally delayed Middletown boy was bound and left in a closet for two days while his Clermont County foster parents went to a family reunion.

Liz and David Carroll Jr. are serving life terms after being convicted in February of Marcus' murder.

Since then, foster placements have fallen off from 600 to about 360 children because county children services agencies quit placing foster kids with Lifeway, Mitchell said.

Foster families have jumped to other agencies or quit and about one-third of Lifeway's staff has resigned since the state began revocation proceedings in January, Berner said earlier.

Tuesday, April 10, 2007

Suing the state will mean even less money to help children in need

Lifeway For Youth Sues Ohio Dept Of Job And Family Services
Seeks more than $1 million in damages, preliminary and permanent injuctions
Terrell, Candice. WCPO, Cincinnati,April 10, 2007.


COLUMBUS – The Ohio Department of Job and Family Services made up its mind to put Lifeway for Youth out of business before it began investigating the death of a child placed in one of Lifeway’s foster homes, according to a lawsuit filed Tuesday.

Lifeway, which sued ODJFS in the Ohio Court of Claims, charges that the state agency engaged in a deliberate and malicious campaign of misinformation that has irreparably damaged its reputation and ability to do business. Lifeway is seeking more than a million dollars in damages. It is also seeking immediate and permanent injunctions prohibiting ODJFS from making any further false statements to the media or any further statements to foster families and referring agencies that would interfere with Lifeway’s business relationships.

"While this is a highly unusual action to take, we believe we will win based on the egregious nature of the state’s actions to discredit us and to disrupt the lives of hundreds of stable foster families," said Michael Berner, Lifeway’s founder and executive director. "ODJFS has been more concerned about shifting blame than about the welfare of Ohio’s foster kids."

Lifeway, based in New Carlisle, is a private foster care agency that recruits, trains, assesses and recommends potential candidates to be certified as foster families by ODJFS. Since 1994, Lifeway has successfully served nearly 4,000 abused and neglected Ohio children who could not remain safely in their own homes.

Before August 2006, Lifeway’s network of foster families reached across northeastern, southern and central Ohio, achieving one of the highest retention rates among its foster families. The suit alleges that all this changed after the death of a Butler County foster child in August 2006.

Despite Lifeway’s exemplary record, "ODJFS has determined, for purely political and public relations reasons, to destroy the foster care network that Lifeway worked so hard to build and upon which so many foster care children, foster families and children services agencies depend," according to the lawsuit.In early August, Lifeway had about 600 children living in its foster homes; today, only 360 remain in Lifeway Network homes, a decrease the lawsuit alleges is a direct result of a campaign to convict Lifeway in the media before the facts of the case were confirmed.

The suit notes Lifeway has incurred hundreds of thousands of dollars in damages to date and will likely lose at least $1 million over time. It has also lost numerous foster families, referrals from public and private child placing agencies, and staff."

In essence, ODJFS convicted Lifeway before it conducted any investigation of Lifeway, engaged in an aggressive and unprecedented media campaign to try Lifeway in the press, and then manipulated its own investigation to conform to its pre-textual decision to blame and destroy Lifeway for its own political gain," the suit alleges. - HOW IS ODJFS TO BLAME FOR WHAT THE MEDIA CHOOSES TO FOCUS ATTENTION ON???

The lawsuit contends that ODJFS’ campaign to shut down Lifeway amounts to tortiuous interference with business relationships, abuse of process, violation of due process, and defamation. ODJFS’ efforts to discredit Lifeway included deliberately misleading and false statements to the media, county child services agencies and foster parents in the Lifeway Network, the suit alleges. For example, ODJFS:

-Issued a media statement announcing that it had sent letters to county children services boards advising them to check on children placed in Lifeway foster homes before beginning its investigation of Lifeway.

-Repeatedly and publicly stated that it would revoke Lifeway’s certification beginning a full three months before it directly communicated this decision to Lifeway in a Notice Letter, as is required by law. The effect of ODJFS’ statement has been to dry up referrals to Lifeway’s foster care program even before Lifeway has the chance to respond to ODJFS’ allegations in a Hearing.

-Violated its own rules governing the license recertification process by failing to provide sufficient notice of the files it wanted to review when it visited Lifeway sites.


-Continually altered reports that field investigators filed as part of the recertification process, resulting in internal papers and final reports that differed significantly from field reports.

-Made false and misleading statements to the media, including a statement that Lifeway was not contesting the state’s action to revoke its license and that foster families’ foster home certificates would be subject to expiration as a result.

-Widely reported to the media that it had found 147 violations in its investigation of Lifeway yet never reported to the media that its Notice Letter to revoke Lifeway’s certification referenced only 55 alleged violations.

The suit reasons that if ODJFS had believed children to be at risk in Lifeway network homes, it could have prevented children from being placed into Lifeway’s care and sought to remove children from Lifeway homes by petitioning a common pleas court in any county in which Lifeway had a foster home. ODJFS instead chose to "regularly engage the press with a series of unfounded allegations cynically calculated to characterize Lifeway as an agency with wide-ranging problems."

The lawsuit was filed one day after hearing dates were set in the State’s attempts to revoke Lifeway’s license. Lifeway has vowed to do everything in its power to prove there is no valid basis on which to revoke its license and to show that shutting Lifeway down would have an overwhelmingly negative impact on Ohio’s foster children.

"We will fight for our survival on every front," Berner said.

Monday, April 09, 2007

Ohio needs bilingual foster parents

Agencies seek more bilingual foster parents
Zanesville Times Recorde, April 2007.

COLUMBUS (AP) - Foster care agencies in Ohio are looking for more bilingual parents to care for immigrant children.

Franklin County Children Services, which serves Columbus, wants to recruit more bilingual and ethnic foster parents in anticipation of more ethnic children in foster care as the immigrant population grows, agency spokeswoman Kay Marshall said. The agency has advertised in Latino newspapers and plans to have a booth at an upcoming event.

Seventy-five of the 1,882 Franklin County children in foster care in February were Latino and two were Somali, Marshall said.

"We're trying to be more representative in the homes; we have to match the community," she said.

Being removed from their homes can be traumatic enough for children, and a foster home with a different language, culture and food only can make things more difficult, said Josue Vicente, executive director of the Ohio Hispanic Coalition.

"It creates confusion for the kid, being educated in one culture then going into foster care with a different ethnicity in an environment that is different from what you have been taught your entire life," Vicente said.

Immigrants in Columbus represent 130 countries and speak 105 languages, according to the city's Community Relations Commission.

Athletic event to raise awareness about child abuse

Fundraiser will aid child abuse victims
Kinton, Jami. Mansfield News Journal, March 31, 2007, pg. A3.


MANSFIELD -- Richland County Children Services began its annual Swim, Bike and Run event at 4 p.m. Friday and will keep rolling until 4 p.m. this afternoon.

The 24-hour event is taking place at the Mansfield Area Y in recognition of Child Abuse Prevention Month in April.

Participants had a choice of swimming, biking or running for one hour -- though some decided to surpass the initial requirement.

"This event is important simply for the children," said Carol Rissler, executive director of Children Services, who walked for an hour. "It's always for the children."

Social worker Jen Lovra was one of first to start the event at 4 p.m. in the pool, but didn't stop there. She also biked an hour on the Richland B&O Trail, had her husband pick up her bike and spent the last hour running back to the Y.

"I do mini triathlons, so I'm used to all this," said Lovra, 32. "But with that aside, people need to understand that child abuse is taking place all the time. This is a fun way to make people more aware that we need to protect these children. I think the whole community should get involved."
Children Services Communications Supervisor Greg Kahl said the event isn't to raise money, but to raise awareness of the victims of child abuse, neglect and dependency.

"We had some $100 donations from corporate supporters, and this will go to our auxiliary programs," Kahl said. "The need to raise awareness is always there and we try to increase it every year."

Kahl said the auxiliary board serves children in a variety of ways, including buying needy youngsters gifts at Christmas, giving out backpacks in the fall and organizing "Shop with a Cop."

For this year's event, 72 people are participating, trying to top last year's combined 548.25 miles.

Carla Sluss, 50, is a member of the auxiliary board and participated in the event by biking.

"If you could just hear the stories of what some of these kids go through, you would know how much the auxiliary program is needed," Sluss said. "(Swim, Bike and Run) is such a good and important cause."

Ohio adoptee helps foster children

Adoptee helps foster children
Baer, Sandra. Dayton Daily News, April 5, 2007.

Holly L. Hutchison of Centerville understands the plight of foster children and those in need of adoption. As a board member of Agape of Youth, a placement service for children, she is able to help the children in a tangible way.

"I was adopted, so my heart goes out to the children," said Hutchison, who was adopted by Alma and the late Jack French of Huber Heights. "I had wonderful parents growing up — just having my mom call me brings tears to my ears."

Hutchison graduated from Wayne High School in 1979, then studied business administration at Sinclair Community College before accepting a position as a corporate travel agent with E. F. McDonald in Dayton.

"I always wanted to get into real estate or travel and I ended up doing both," said Hutchison, who took informational trips to Hawaii, Germany, and aboard a Caribbean cruise line while working in the travel business.

"Both fields are fast-paced and exciting. When people need to book trips, there's a time commitment involved and with a mortgage things might change if you don't act quickly, so it keeps you on task."

Hutchison left E. F. McDonald after three years and worked for Gem City Savings before landing a job with NCR on the third shift in the computer lab, where she worked for three years before accepting a position in the banking industry as a temporary worker.

In between her banking work experience, Hutchison worked for Standard Register in the accounting department. It was here in a conference room that she met her husband, Thomas, an engineer, who was transferred to Dayton from Buffalo, N.Y. The couple is involved in soccer with their three children, Mitchell, 15, Blake, 12, and Alexis, 6, who attend Centerville schools.

"I started in land development and eventually moved to the mortgage side of the business," said Hutchison, who works as a home mortgage consultant for Southern Ohio Mortgage, an affiliate of Wells Fargo Bank.

"I educate homebuyers about the credit approval process, price ranges of homes and what to look for in a home, including having the home pre-inspected. I also do a lot of pre-approvals. Many consumers are interested if they qualify for a certain home."

A past president of the Dayton Mortgage Bankers Association and an affiliate of the Dayton Area Board of Realtors, which named her the affiliate of the year in 2006, Hutchison also volunteers as treasurer on the board of Agape for Children, which sponsors fundraisers such as the art auction and sports memorabilia auction on April 24.

For more information, call (937) 439-4406.

Children in limbo as Lifeway fights to retain its license

Foster agency will fight license revocation: Lifeway's appeal was temporarily lost in the shuffle, but time stamp proves it was filed before deadline.
Brooks-Higgins, Candice. Dayton Daily News, March 21, 2007, pg. A9.

HAMILTON — Never mind what state officials said Monday. The private agency that recommended the foster parents later convicted in the murder of 3-year-old Marcus Fiesel of Middletown is not going out without a fight.

The Ohio Department of Job and Family Services moved two months ago to revoke the license of New Carlisle-based Lifeway for Youth.

Although the department reported Monday that Lifeway did not file an appeal in time, a courier delivered to the ODJFS' internal legal department the notice of appeal time-stamped at 2:42 p.m. Monday — well before the deadline, ODJFS spokesman Dennis Evans said Tuesday.

E-mail problems were the cause of the confusion. The state department's administration did not receive messages from the legal department, Evans said.

"Nobody had this yesterday afternoon," he said, referring the appeal letter Lifeway's attorneys sent.

Lifeway, which started in Ohio 12 years ago and operates in five other states, "intends to vigorously oppose the state's action," according to a statement from Lifeway Executive Director and Founder Michael Berner.

The next step is to set a hearing date with an ODJFS hearing officer, said Evans, who noted Lifeway may continue operating during the appeal.

The futures of more than 400 Ohio foster children living in more than 300 Lifeway homes and about 100 Lifeway employees are at risk, Berner said. The children are in limbo as their foster parents may need to get their foster licenses transferred to allow the children to remain in their homes.

ODJFS decided to revoke the agency's license in January, after its review of the case involving Marcus and other cases resulted in 147 citations against the private agency.

Butler County Children Services contracted Lifeway to place Marcus with the Carrolls, who last month were convicted of murder in his death.

It is difficult to pity Liz Carroll

Liz Carroll will serve out term on $10 a month
Coolidge, Sharon. Cincinnati Enquirer, April 5, 2007, pg. A1.


Liz Carroll's punishment for killing her 3-year-old foster son, Marcus Fiesel, is more than just life behind bars - it will be a harsh, spartan life without the little things.Hamilton County Common Pleas Court Judge Alex Triantafilou made sure Wednesday that Carroll will rarely be able to buy luxuries from the prison's commissary, items like toothpaste or snacks or lipstick.

Triantafilou ordered Carroll to pay restitution - which could be as much as $1 million - for the two weeks law enforcement authorities spent investigating Marcus' disappearance before her girlfriend, Amy Baker, revealed the disappearance was faked and the child was dead.

The specific cost will take a few days to prepare, according to Hamilton County prosecutors.

Under the judge's order, all but $10 will be taken every month from Carroll's commissary fund, composed of the few cents an hour she'll earn at a prison job, or money given to her by friends and family.

Items from the commissary cost about what they would outside of prison walls. A list from the Ohio Reformatory for Women in Marysville from last fall shows a Colgate toothbrush cost $2.15, Crest Tartar Protection cost $2.70 and Dove soap $1.07.

"This has been a long and difficult road for our community," Triantafilou said. "It's my hope today ends it." He chastised Carroll after she tried to point out that Baker was given immunity in exchange for her testimony.

"What I find most striking in today's case is that it has nothing to do with Amy Baker, yet I had to hear her name again," Triantafilou said. "This is about your conduct, standing at a podium and turning this community upside down with your lies and conduct."

Carroll, 31, pleaded no contest to two counts of inducing panic, one count of making false alarms and two counts of perjury.

Triantafilou sentenced Carroll to spend 14½ years in prison - the maximum allowed by law. That sentence will run concurrently with the life sentence with no chance for parole for at least 54 years that Carroll got when she was found guilty of Marcus' murder in February.

Prosecutors said Carroll and her husband, David Carroll Jr., bound the developmentally disabled boy in a blanket with strapping tape and left him in a closet at their Clermont County home Aug. 4. They then left town for two days to attend a family reunion in Williamstown, Ky. Marcus was dead when they returned, authorities said.

David Carroll Jr., 29, then incinerated Marcus' body in a remote chimney in Brown County, with the help of Baker, the couple's live-in girlfriend, and tossed what wouldn't burn into the Ohio River in Maysville, Ky., prosecutors said.

The trio then concocted the disappearance story to dupe foster-care authorities who were scheduled to visit the Carrolls and check up on Marcus, prosecutors said.

Liz Carroll pretended to faint at Juilfs Park in Anderson Township and then reported Marcus missing, setting off a two-week search.

The inducing panic and making a false alarm charges stem from that lie.

Then, on Aug. 28, Carroll lied under oath before a Hamilton County grand jury, said Assistant Hamilton County Prosecutor Mark Piepmeier.

She said she didn't know if Marcus was alive and said she last saw him right before fainting at the park.

Carroll finally broke down and admitted to the grand jury that Marcus was dead, a story Baker had already told the grand jury, Piepmeier said.

Carroll shuffled into the courtroom Wednesday in a khaki jumpsuit. Shackles restricted her arms and legs.

"I would like to apologize for the lies and pain that I caused," Carroll said. "Even though the words were untrue, my love, pain and fear were very real."

She broke down as she read from a crumpled piece of paper.

"I lied to protect my other babies, but the lies caused more pain and confusion for them," she said.


She said she prays with Marcus before going to bed. "I can't let go," she said. "He knows how much he is loved and he gives me the strength I need to get through this.

"I am so sorry for my lies and the pain they caused," she concluded. "I hope people can forgive me."

Hamilton County Prosecutor Joe Deters chalked up Carroll's tears to being upset about being caught.

"She spent well over a week plotting how to deceive the community," he said. "The reality is coming home for her. She won't even have a chance to get out of prison until she is in her mid-80s."

A Clermont County jury Feb. 21 found Carroll guilty of murder, involuntary manslaughter, kidnapping, felonious assault and three charges of child endangering.

David Carroll Jr. pleaded guilty in Clermont County to charges of murder and gross abuse of a corpse. He was sent to prison for 16 years to life. As part of the Clermont County plea deal, charges of inducing panic and making false alarms in Hamilton County were dismissed.

Liz Carroll came to the Hamilton County Justice Center from the Ohio Reformatory for Women in Marysville, which is northwest of Columbus, on March 23. She'll now be taken back to the prison.

Kentucky authorities have launched their own investigation into Marcus' death.

Maysville police detectives are looking into the possibility of filing charges against Baker.

Mason County Attorney John Estill confirmed Tuesday that one charge being considered is abuse of a corpse - in this instance, a misdemeanor punishable by up to a year in jail.

The Marcus search
36 Uniformed Hamilton County sheriff's deputies
25 Task force officers
16 Anderson Township Fire and Rescue personnel
5 Anderson Township road personnel
3 Hamilton County Engineer's Office personnel
32 Urban Search and Rescue personnel
2,000 Approximate number of volunteers
Hamilton County Sheriff's Office

Agape Outreach to foster care alumni

Grant making nationally up 11.7 percent in 2006
Galbincea, Barb. Cleveland Plain Dealer, April 4, 2007, pg. B2.

PHILANTHROPY- Last year brought another double-digit increase in giving from the nation's grant makers, according to a report released Tuesday by the Foundation Center.

Overall, grant making totaled about $40.7 billion in 2006, up an estimated 11.7 percent from the previous year, the report found. The latest jump followed a 14.3 percent increase in 2005.

Among factors driving the growth were a stronger stock market, the establishment of new foundations and a greater number of operating foundations created by pharmaceutical firms to provide medicines to the needy, the report said.

The number of grant-making foundations has grown from just over 40,000 in 1995 to more than 71,000 currently.

It's a winner: The Agape Outreach Program of Cleveland Christian Home has won the Anisfield-Wolf Memorial Award from the Cleveland Foundation and the Center for Community Solutions.

The award, established in 1964 by the late Edith Anisfield Wolf, honors outstanding service to Greater Clevelanders

Agape Outreach, which began last year, helps young people age 18 to 25 after they're too old for foster care. The program helps with housing, food, transportation, employment and other services needed by young adults making the transition to independence.

Forty-eight participants were served in the first year of the program, which got support from the Cuyahoga County Department of Children and Family Services.

More information about the Cleveland Christian Home is available at www.cchome.org

Custodial grandparents largely due to parental drug abuse

More grandparents raising kids
Drugs usually to blame for parents' failings; new programs help custodians
Cummings, James. Dayton Daily News, April 2, 2007, pg. A8.


To most of the world, 53-yearold John Howard is an experienced engineer who runs energy management programs at Wright State University.To his grandsons John, 5, and Ryan, 7, he's Pow-Pow, their version of a soccer mom.

"Ryan plays basketball and John takes swimming lessons," Howard said. "We go to church, spend time at the park; we ride bicycles.

"For the most part, it's been a positive experience for me."

Howard represents a segment of society that seems to grow every year. He's a custodial grandparent caring for the children his son couldn't raise.

"A lot of these people don't even want to acknowledge that they have become parents again," said K.B. VonDerau of the Greene County Council on Aging. "They see the children suffering because their parents can't take care of them, and they think maybe they can step in for a while and give the parents a break until they get their act together.

"They think of it as baby-sitting, but they turn around and they've had the children for years."


VonDerau said parents burden grandparents and other relatives with raising their children for a multitude of reasons, "but about 80 percent of the time it's about drug abuse."

Drugs were an issue in the boys' first home. "The boys were being exposed to quite a bit of stuff they had no business seeing," Howard said. "I've had them with me off and on all their lives, and they've been with me permanently about a year."

VonDerau said when most people think of grandparents caring for their grandchildren, they think of grandmothers. But she said there are numerous grandfathers with custody in the area.

"With these children who have been through so much, it's tremendously important to have a strong male presence in the household. Men tend to bring a sense of authority and security into a home," VonDerau said.

"And it's not just boys; girls need to develop positive relationships with men, too. That's why so many grandmothers raising children alone go out of their way to bring in Big Brothers (volunteers) or make sure uncles get involved."

Emily Butts, 5, is flourishing with her 63-year-old grandfather, Tom Butts, in Jamestown. Butts said his daughter left Emily with him "for a few days" last January and never returned.

"Emily didn't have a life at all," said Butts, a retired truck driver. "Now she's a cheerleader mascot, and she gets all A's at school. She's a good kid, but she wouldn't have a chance with her mother."

VonDerau said grandparents and other family members acting as parents has become such an issue that Greene County and many other counties have added full-time professional "kinship navigators" to provide services to that population.

As a kinship navigator, Von-Derau steers people caring for young relatives to social services, funding sources and support groups.

The surrogate parents also often need help coping with the legal system to get the authority to register children for school and to make medical decisions on their behalf.

Most communities offer similar services through county and state offices of the Department of Jobs and Family Services, the United Way and children service agencies.

VonDerau said the caregivers can receive some government funds to help support the children, and the kids may be eligible for medical benefits through Medicaid. But she said the government spends only a fraction to support children in the homes of relatives compared to placing them in foster care.

"These are heroes we're talking about," VonDerau said. "They're doing an incredible service to these children and for the community, and they're doing it out of concern, with very little compensation."

While VonDerau admires the grandparents and other relatives who take on children, she said it's a shame the lives of these well-meaning people are so disrupted by the irresponsibility of others.
"They raised their children, they worked all their lives, and they've earned the right to relax and enjoy themselves," she said.

Ralph Black of Fairborn said he's finally come to the end of his rope. The 77-year-old retired Marine and his disabled wife have been raising their greatgrandson since he was born 7 years ago.

Black said he's giving up custody of Jordan, the son of his granddaughter, so the boy can be adopted.

"He's been around my wife and me so long he knows just what to say and do to get at us," Black said. "And he knows if he's bad I can't catch him. He'll run around a table and laugh at me. You can't know how much that hurts me.

"I love him, but it's gotten to be too hard," Black said.

Caption: Ralph Black, 77, walks his great-grandson, Jordan, to the bus stop Friday morning. Black has been raising Jordan, 7, since birth.

Do we allow child abuse, or try to prevent it?

Editorial: Leaving no abused child behind
Cincinnati Enquirer, April 1, 2007, pg. E2.


"Why do she keep doing this to me?"
That's the agonizing cry that prompted a neighbor to call police to a North Avondale apartment early Tuesday morning. It came from a 5-year-old boy police say was restrained overnight in a closet with his 20-month-old brother. The two were found bruised and covered with feces after pounding for help for hours. Police say the wrists of one of the boys appear to have been tied or taped.

The "she" in his plaintive question appears to be his mother. Police say the older boy told them his mother locked them in the closet. They say she then went to work in West Chester.

There is no answer that the mother, 24-year-old Beverly Fears, or anyone else can give that can make this situation less horrific. No one can justify leaving young children in closets or fail to understand the horrible tragedies that can ensue. Three-year-old Marcus Fiesel died in a closet after his foster parents left him bound there while they attended a family reunion. Fears' neighbor said she had heard the pounding at least once a week for the last month.

That pounding, and a little boy's torment over why an adult would treat him in such a manner, should echo endlessly in the mind of whoever committed this crime. The question speaks worlds about the hurt and confusion it inspired, and the sense, so wrongly, that there must be some justification for it. What worse punishment could anyone receive than to hear those eight tortured words from a small boy?

But the words haunt the rest of us as well. As a humane community, we owe two wounded children the simple decency of paying attention, of caring enough about their plight to find out what lies behind it. It is unthinkable cruelty, but it may also be unthinkably complicated conditions.

Were the boys left out of indifference, inconvenience or because their caregiver was overwhelmed and without support? Neither is justification for leaving them in filth and isolation, but the answers determine not just how an adult should be punished, but how a family can be helped.

Who helped Beverly Fears raise her sons? Police say she was the only parent in the household. Where was their father? Who else might have known - could have known, should have known - that they were home alone, perhaps repeatedly? Who should have seen, questioned and reported one child's black eye, or the wrist lacerations?

The boys are now in foster care, a system that, even while it is being reviled and revamped over the Fiesel tragedy, is still charged with providing safe care for children as desperate as these.

The controversy may have added to their misery - they waited a full day for placement simply because fewer families are willing to provide foster care, and then had to be placed outside their county, according to officials of Hamilton County Job and Family Services.

But as difficult as childhood abuse and abandonment is to face, now is not the time to walk away.
Sooner or later, all of us will hear the pounding on the floor. We will look into a child's eyes and see the question, "Why do she keep doing this to me?"

We will not be able to answer. But, first, we must do what we can to make it stop, and then we must painstakingly, resolutely build a community where children never have to pound on the floor at all.

Have you intervened?
Almost all of us have suspected - or perhaps even witnessed - verbal, physical or emotional child abuse. We've seen a child slapped by his parent in a store. We've heard an angry adult maliciously deride a child. We wonder if a young neighbor's unusual behavior could be the result of abuse.

Tell us about the situations you've encountered and how you responded to them, and then share your questions on how adults should respond. We'll put them before experts and share their responses next week. E-mail us at letters @enquirer.com, or mail to Letters, 312 Elm St., Cincinnati, OH 45202. Include your name, neighborhood and daytime phone.

Caption: 5,661 pinwheels, representing the cases of child abuse reported in Hamilton County in one year. The display was part of the Prevent Child Abuse Ohio campaign.

Kinship statistics are inaccurate

Grandparents caring for grandkids a rising trend
Cummings, James. Dayton Daily News, April 2, 2007, pg. A1.


FAIRBORN — "This is just not the way it's supposed to be," said Ralph Black of Fairborn.

Black, 77, loves his great-grandson dearly, but he knows he shouldn't be taking care of him every day as he has since the boy's birth seven years ago. Black said Jordan was born to his granddaughter, who lived with him at the time, and he has had legal custody for five years.

"A grandfather takes his grandchildren to the ice cream shop, buys them a treat, gives them a hug and sends them home," Black said. "I don't get to do that. I have to be the father; I have to be the day-to-day disciplinarian and all that. Everything is upside down."

It's a little unusual for great-grandparents to have custody of their greatgrandchildren, but it's becoming more and more common for other relatives, particularly grandparents, to take over primary care duties for parents who can't or won't live up to their responsibilities.

"The 2000 Census said we had 940 grandparents taking care of their grandchildren in Greene County, but that barely shows the tip of the iceberg," said K.B. VonDerau, kinship navigator for the Greene County Council on Aging.

"It only covers the people who told the Census takers that they were taking care of grandchildren. A lot of people who are doing it don't tell anybody about it," VonDerau said. "Plus there are all those aunts and uncles and other relatives."

Black said it's a social change that has taken place mostly under the radar. Grandparents who finished raising their own children years or even decades ago, he said, are being forced into parenthood again to keep their grandchildren from being neglected, abused or lost to foster care and adoption.

Black said he and his wife Lois, who is disabled with severe arthritis, have struggled to keep up with an extremely active little boy for seven years while hoping their granddaughter would eventually take him back.

Black's eyes fill with tears as he talks about deciding to relinquish custody of Jordan so he can be adopted by a younger family better able to match the child's energy and to care for him over the long term.

"My health is OK, but even healthy older people are always close to something happening that could make it impossible for me to keep doing this," Black said. "We can't wait until he's 10 or 15. He'd be even harder to place then.

Adoption Network Cleveland

Adoption Network Cleveland: Let's Salsa!
Murphy, Kathleen. Cleveland Plain Dealer, April 1, 2007, pg. L4.

Proud crowd: Supporters of Adoption Network Cleveland turned out for a successful benefit on March 24 at Myers University Club. The evening's theme – "Let's Salsa" – enticed more than 200 partygoers to the dance floor for a night of celebration with Noel Quintana and his Latin Crew and the Ritmo y Raza Dance Company. Network founder and executive director Betsie Norris said the event helped raise $25,000.

Hitting home: WKYC Channel 3's Kim Wheeler, who recently adopted two sons from Thailand, served as emcee. Ohio Speaker of the House Jon Husted, himself an adoptee, received the organization's "advocate of the year" award along with Cuyahoga County Juvenile Court Judge Peter Sikora.

Adoption support: Adoption Network Cleveland is an educational advocacy support and search group for people affected by adoption and foster care. It provides services to adult adoptees, birth parents, adoptive and prospective parents, youth in foster care, foster parents and siblings.

Saturday, April 07, 2007

Statewide information sharing system could avoid future deaths in foster care

Info-sharing system could cross-check court records
McGurk, Margaret. Cincinnati Enquirer, March 30, 2007.

A statewide information-sharing system for police and child-welfare authorities is among pending reforms prompted by the death of Marcus Fiesel, state Sen. Tom Niehaus said Thursday.

Marcus, a disabled 3-year-old from Middletown, died in foster care in Clermont County last year; his foster parents are in prison for murder. Before the boy died, his foster father, David Carroll Jr., was arrested for domestic violence but failed to tell caseworkers about it.

Niehaus, a New Richmond Republican, said legislation in draft form would authorize an information-sharing system that cross-checks foster parents' names against court records.

Hamilton County recently unveiled a similar system.

A handful of license holders were found to have past arrests on serious charges. Foster officials are looking into those cases to determine whether the parents can keep taking care of county children.


The statewide system, if approved by lawmakers, would automatically flag child-welfare officials any time a licensed foster parent is arrested.

The system is included in a package of two bills drawn up by a task force of lawmakers, social-service professionals and child advocates that began analyzing Ohio's foster-care system in December.

"The (Fiesel) case was the catalyst," he said. "There tends to be a knee-jerk response. But we said, 'Let's take a step back and look at the whole system.'"

Also included are new standards for how foster parents are trained, screened, licensed, monitored and supported.

He discussed the bills, in draft form, during a visit with The Enquirer's editorial board to drum up support for Gov. Ted Strickland's child-welfare budget.

Several state and local child-welfare officials accompanied him.

Strickland is asking for an extra $18 million over two years to help the state's 88 counties offer more and better services.

Crystal Allen, executive director of the Public Children Services Association of Ohio, said the state money will help ease stark inequities between poor and affluent counties.

"It's the exact same dynamic as school funding," she said. Ohio is under a court order to fix its lopsided education formula, which still relies heavily on local property taxes.

The budget also calls for more money for:
- Health care.
- Early learning programs
- Mental health treatment
- Families that adopt kids with problems


It also would make it easier for relatives and family friends to take permanent custody of vulnerable youngsters.

The system's ultimate goal is to cut the need for foster care, said Moira Weir, assistant director of Hamilton County Job and Family Services. "Foster care is meant to be temporary. It is not a permanent solution."

Gregory Kapcar, assistant legislative director for the children's services association, said early intervention and in-home services pay off in the long term by keeping families intact.

"We have to be bold in our investment," he said.

Butler Co. Children Services asked to freeze personnel moves for 5 weeks

Butler County Children Services
Commissioners: Do not hire, fire or discipline workers

Brooks-Higgins, Candice. Middleton Journal, April 6, 2007.

An elected official Thursday accused the Butler County Children Services administration of retaliating against outspoken employees, promoting those who are loyal and entering into contracts to obstruct reform.

Commissioner Michael Fox's fellow commissioners joined him Thursday in asking its board to freeze personnel moves — promotions, demotions, hires or disciplinary action — and new contracts for the next five weeks. The child welfare agency will be merged with the county Department of Job and Family Services in May.

Contracts and personnel actions will be difficult to reverse, even under a new administration, Fox said.

"There's a clear direction from the upper management to go after or make it uncomfortable for those they suspect talked to the (Child Services) Task Force," Fox said.

Rebecca Palmer, president of the caseworkers' union, is facing a possible three-day suspension and last-chance probation, Fox said, for an incident that occurred nearly four months ago. Fox said he suspects Palmer is being punished for criticizing the agency's management and for supporting a commission-appointed task force's recommendation for the merger.

Children Services spokeswoman Denise Winkler said Fox's allegations are "absolutely not true."

"The agency is simply going about the business of doing business," Winkler said. "If the commissioners want us to do something different, they should tell us."

Winkler declined to comment on Palmer's case because the matter was referred from the agency's personnel director to county Personnel Director Doug Duckett, who was not in the office Thursday and could not be reached for comment.

Palmer is accused of stealing 45 minutes of work time late last year after calling in that she would be late for a training session because of a family illness, Tim Brannigan, chief steward of the caseworkers' union AFSCME 3547, said on Palmer's behalf. A pre-disciplinary hearing is set for April 17, he said.

"We feel that there is a clear pattern of harassment and retaliation in order to silence her from being so outspoken regarding the conditions here in the agency," he said.

Monday, April 02, 2007

Baby sale at Walgreens

Man charged with trying to sell son
Engle, Meagan. Cincinnati Enquirer, March 28, 2007, pg. A2.

A baby sale at Walgreens turned out to be too true when a Middletown father attempted to sell his child in the store's parking lot, police said.

Jason McCarthy, 30, is charged with child endangering for asking a woman to buy his son early Monday morning in the parking lot of the store at 700 S. Breiel Blvd., police said.Beth Anne Abel said McCarthy approached her while she was sitting in her car about 12:49 a.m. He was holding a 2-year-old boy in his arms.

She described 30-year-old McCarthy as "nervous" and "suspicious," and said he drove off in a red car, according to a Middletown police report.

Abel, who later identified McCarthy as the man from Walgreens, declined to comment Tuesday night.

Officers later found McCarthy's car at 1:30 a.m. and saw him talking with a man on a bike.

His passenger, Amy Magruder, told police she believed he was trying to buy drugs, the report said.

He also was arrested for loitering in aid of a drug offense, the report said.

McCarthy is in Middletown City Jail in lieu of a $5,500 bond.

McCarthy, an ex-con with an extensive criminal record on robbery and drug charges, previously lived in Hamilton and Fairfield.

Convictions include aggravated robbery in October 1996, burglary in August 1996 and felony robbery in January 2005, according to Butler County Clerk of Courts.

Butler County Children's Services could not comment on the specifics of the case, said spokeswoman Denise Winkler, but according to standard procedure, the child would be placed in foster care if a responsible parent or relative could not be located.

Butler Co. Children Services Board defends Jann Heffner

Butler children's board sees last chance to defend itself
McGurk, Margaret. Cincinnati Enquirer, March 28, 2007, pg. B1.

HAMILTON - Butler County's embattled Children Services Board agreed Tuesday to mount what one member called a "last-ditch" defense against charges of bad management and fiscal irresponsibility.

Six members of the appointed volunteer board that oversees child welfare agreed to organize a two-hour presentation about their accomplishments to Butler County commissioners, who voted this month to dissolve the board and fold its operations into the county Department of Job and Family Services.

A special task force created by commissioners to analyze the agency's performance and structure released a blistering report on March 15 saying, among other criticisms, that the board had lost the confidence of the public and many of the front-line employees who provide services to vulnerable children. That report called for placing the child agency under county administration.

Commissioners agreed and notified the board that its days are numbered.

The child agency has been under increasing pressure since last August, when 3-year-old Marcus Fiesel died at the hands of the Clermont County foster parents where the Butler County agency had him placed by a private agency. Ex-foster parents Liz and David J. Carroll Jr. were convicted of murder and sentenced to possible life in prison.

Outgoing chairman the Rev. Johnny Wade Sloan, whose four-year term ended Tuesday, admitted that the board's presentation may not sway commissioners, but would "give us a chance to be heard."

"Time will prove that we are good people doing a good job in a difficult time," he said.

Board members took turns praising agency director Jann Heffner, whose resignation takes effect April 15.

"I have a whole lot of respect and admiration for Jann," said board member Maurice Maxwell. Fellow member Susan Noonan said Heffner "may be the best Butler County will ever see" in charge of child welfare.

"This is a tragedy, really," said Frankie Carlson, who was elected Sloan's successor. "We have lost a terrific director and the county commission has treated us in a shabby way that needs to be accounted for down the line."

Members said their presentation to commissioners will stress agency accomplishments under Heffner, who cited such advances as lower caseloads, improved performance on quality benchmarks set by federal authorities, and the introduction of management tools that cut down on the number of children needlessly taken from their homes.

Heffner and board members complained repeatedly that their good work had been ignored in news coverage of the agency's problems, and discussed a direct-mail campaign targeting Butler County residents.

Improvements credited to director Jann Heffner
-Expanded in-home services to help keep troubled families intact.
-Certificates of insurance required of foster-care contract service providers
-Contracts are reviewed by financial staff, instead of program staff.
-Information on how to contact the children services board is provided to people who want to dispute agency actions.
-Payment rates and performance standards for contracts have been defined
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