Saturday, January 13, 2007

Criminal records database might improve foster care placements

Help for child welfare agencies
Higgins, Candice Brooks. Hamilton Journal, Jan. 10, 2007, pg. A2.

A criminal records database that automatically notifies child welfare agencies when a listed foster parent is involved in a domestic violence incident could be on its way to the home county of 3-year-old Marcus Fiesel.

Butler County Clerk of Courts Cindy Carpenter plans to integrate county Common Pleas Court records by April into the Criminal Justice Information System, an Internet-based database of criminal justice records launched in September 2005 by the Montgomery County Clerk.

Butler County Children Services is interested in the system as one of several options to supplement background checks. "It's like a Google for criminal justice," said Jerome Cook, Butler County Clerk of Courts administrator.

Marcus Fiesel was an autistic foster child who died last August after police say his foster parents, Liz and David Carroll, left him bound in closet for weekend while they went to a family reunion in Williamstown, Ky.

A report of domestic violence at the Carroll's home in Clermont County was filed in June but foster child welfare authorities were unaware of it.

Fifth Third Bank reaches out to the community

Fifth Third teams with school to teach teens
Program at Polly Fox Academy is aimed at young mothers
Hughes, Clyde. Toledo Blade, Jan. 4, 2006, pg. J5.

Balancing a checkbook and improving one's credit score are tasks some adults have difficulty mastering, but they can be even bigger challenges for a teenager with the pressure of raising a new child.

For the past two years, employees at Fifth Third Bank (Northwest Ohio) have been teaching a financial literacy class at Polly Fox Academy in the hope that teenagers facing the challenges of raising children and going to school can acquire the knowledge to make good decisions about the money they make, officials said.

The program was developed by members of the Minority Leadership Council at Fifth Third Bank. Terri Ellis, financial center officer of Fifth Third's Lagrange branch, said the council was looking for a social service project in the communities it served.

She said teaching financial literacy was a good fit for many of the employees. Larry Sykes, a vice president at Fifth Third Bank and a longtime member of the Toledo Public Schools Board of Education, suggested Polly Fox as a good place for the pilot program. Polly Fox, a TPS charter school located near downtown Toledo, caters to teenage students throughout the district who are pregnant or have already given birth.

"A lot of times these girls are living with family members and some may be living in foster care, and the minute they turn 18 they are independent," Ms. Ellis said. "Immediately, they need to know how to do a budget. They need to make decisions about their family."

"Being young, we try to teach them how to make a mature decision. Do I buy Pampers? Do I get my hair and nails done? These are situations they are facing," Ms. Ellis said.

"We're trying to teach them how to budget, the difference between needs and wants, and being able to see it clearly and make a good solid decision when it comes to your baby." Jan Kilbride, the chief academic officer with Toledo Public Schools, said any effort to improve the financial literacy of students, especially those facing unique challenges of raising a family, are beneficial.

"I see [the program] as a need all around, but obviously if you are a parenting teen and you're going into the world of work or the world of school, you have additional financial responsibilities," Ms. Kilbride said.

Linda Ewing, a vice president at Fifth Third, said many of the bankers have become mentors to the girls over the two years Fifth Third has operated the program at Polly Fox. Ms. Ewing said she hopes the guidance will give the girls and their new families a stronger financial foundation.

"It's amazing that many of the young ladies simply don't have anyone to sit down and talk to them about those things," Ms. Ewing said. "We've been mentors as well and opened our doors to them," she said. "We talk about employment opportunity, how to present themselves and build a resume."

Reginald Temple, the financial center officer at Fifth Third's Swayne Field branch, said he thinks one of the reasons the program has been a success is because the girls are learning skills they can quickly apply to their lives.

"They need to understand how to save money for their child's future, even if it's six months from now," he said. "The reason why we are so committed to it is because we know what we're teaching them today is what they can use tomorrow. These are real-life skills for them."

Ms. Ewing said Fifth Third will talk with Waite High School about expanding the program to that high school soon and other high schools in the area afterward. Ms. Ewing said Fifth Third also plans to contact community organizations and churches to increase its outreach as well.


Confidentiality is not in the best interest for this former foster child

'I want to know what happened to me'
Fulwood, Sam. Cleveland Plain Dealer, Jan. 9, 2007, pg. B1.

In 1954, when Leon Edinger was 3, his father died and his widowed mother could no longer afford to care for her children. As was the custom in those days, faceless and unknown bureaucrats declared Leon and his brothers - Bobby, 6, and Randy, 2 - wards of the county and placed them in the notorious Winifred Fryer County Children's Receiving Home.

Now 56, Leon is a troubled and unhappy man. He's been married - and divorced - three times.

He has trouble sleeping, convinced something unspeakably horrible happened to him all those many years ago while he lived at the home. His memory of the group home is a hazy, dream-like image of small rooms and stern authorities.

He thought he was there only a day or two. His brother Bobby reminded him that they all lived there for a year.

"Bobby said I was put in isolation because I was so unruly, that I couldn't be around other children without hitting them," Leon said, hanging his head in shame. "He said I tried to ride away on my tricycle and that I had climbed out of a window to escape."

The home was, indeed, an awful place. An investigation conducted in 1966 by two Plain Dealer reporters showed crowding, physical abuse and lack of psychiatric care for the children. The paper condemned the home as "a place where ordinary children are transformed into youthful savages."

The home, on West 10th Street, closed a year later.

"If I was there for a year, I want to know what happened to me," he said. "I've seen several psychologists, and they all tell me the same thing. They say I need to find closure."

But so far, that's not been possible. The county won't let him confront his past. Although the group foster home closed in 1967, officials at the Cuyahoga County Department of Children and Family Services hide Leon's half-century-old records like state secrets.

Jim McCafferty, director of the county Childrens and Family Services, won't sign off on releasing Leon's entire file to him because lawyers say he shouldn't.

"I understand what you're saying," McCafferty said. "But that's the law. It's a tough situation, and we do feel for this man."

Of course, if he felt enough, he could do the human thing and show Leon everything. Foster care records are kept private, but state law allows county officials to grant written permission to anyone with a legitimate right to view the records.

Instead, county officials successfully fought off Leon's legal challenge to force them to let him see the entire files on his family's foster care case. An archivist with the county welfare system told Leon his file is a dusty, 4-inch-thick stack of papers.

Why not let him see the file? What's the harm? Does the county have something to hide? Whose privacy is being protected? This could be cleared up so simply. Just allow Leon to see his files. It might be the answer to his doubts, worries and questions.

Yet, for a briefcase full of legal excuses, the documents are off limits to the only person who cares or who has a right to see them.

"What's a human being's life worth?" Leon pleaded when we talked about his thus-far unsuccessful effort to learn about that lost year of his childhood. "Shouldn't I be allowed the privilege of seeing whatever it is they have on me?"

Damn right, he should.

Tuesday, January 09, 2007

Canon Hopey shares about the stigma of foster care

All agree: Foster care not easy
Carey, Liz. Community Press.

NORWOOD - Representatives from all aspects of the foster care system agree on one thing: None of them want to put a child in foster care.

"The goal of child protective services is always to keep the family together," said Anne Arbaugh, deputy director of Clermont County Child Protective Services. "We do everything we can to keep a child in their home. Even if there is abuse in the home (???), it is still more traumatic to the child to take them out of the home, than it is to leave them there."

In light of the tragic death of 3-year-old Marcus Fiesel, who was alleged to be murdered by his foster parents last August, social service agencies from Butler, Warren, Hamilton and Clermont counties came together to educate reporters and others on the ins and outs of the foster care system.

The presentation, on Friday, Jan. 5, at the Health Foundation of Greater Cincinnati, in Rookwood Tower, covered how children enter the system, how difficult it is to get children out of an abusive home, the court process, and what it is like to be a foster care parent, among other things.

For Cannon Hopey, a former foster care child, being in foster care was no picnic.
"I was looking for someone I could trust, when they couldn't trust me," he said. "They didn't know me, they didn't trust me. ... I went through four foster homes in four years."

Hopey recounted his years of struggle, being taken from his home and separated from his sister, not fitting in with his first foster family, and finally finding a loving family with a father who taught him how to be a man.

But not every story is so happy, said Pat McCollum, a Hamilton County foster parent.
"I'm on duty 24 hours a day. There's no respite," she said, "I've had personal property destroyed... things I will never be able to replace. It's a difficult job."

McCollum said she currently takes care of five children, two sets of siblings and another child from another family.

McCollum said one of the hardest parts of the job is the emotional toll foster care takes on the children.

"No one prepares you for the name calling, and the outbursts and the destruction of property," she said.

Children put in foster care are devastated, said Heidi Malott, clinical manager of social services at the Mayerson Center for Safe and Healthy Children at Cincinnati Children's Hospital Medical Center.

"No matter how awful the abuse is, the children would rather stay with their families," she said. "Many times, we, as parents, have children come for sleepovers, and they carry with them some toys in a bag. These children come with a few items in a garbage bag, some of them thrown in at the last minute."

Warren County Prosecutor Rachel Hutzle said once children are taken out of their home, the court monitors the child's parents and the actions of child protective services.

Working with the court, child protective services works with the child's family to come up with a plan to ultimately reunify the child with their family.

Unless the family is actually unwilling or unable to change to protect the child, she said, the goal is get children back with their families. Permanent custody termination is not the preferred outcome. - SOMETIMES IT'S THE BEST ONE

Unfortunately, Clermont County Judge Stephanie Wyler said more parents are opting to abandon their parental rights to their children.

"When I first came here, we did probably one or two (permanent surrendering of parental rights) a year," she said. "Now, it's more like one a week. ... There's nothing more eerie than watching a parent sign that document that essentially says they are not related to that child anymore."

Monday, January 08, 2007

Kudos to juror for holding caseworkers accountable

Editorial: Cheers & Jeers
Cleveland Plain Dealer, Jan. 5, 2007, pg. B8.

CHEERS . . . to Nancy Whitacre, a juror in the recent trial of Michael and Sharen Gravelle, the Huron County couple convicted of child endangering and child abuse. Whitacre penned a letter to officials at the Huron County Department of Job & Family Services, noting that their caseworkers should have seen long ago that the children's sleeping enclosures indicated a problem.

Juror says that county is accountable

Gravelle juror: County accountable
Workers failed to protect kids, woman says
Puente, Mark. Cleveland Plain Dealer, Jan. 4, 2007, pg. B4.

Huron County social workers failed to protect the adopted children of Michael and Sharen Gravelle, said a juror who recently helped convict the couple of 11 counts of child endangering and abuse.

Huron County Department of Job & Family Services caseworkers should be held accountable for not acting sooner to provide a safe home for the 11 special-needs children, said juror Nancy Whitacre.

"They had a report two years ago about the beds," the Wakeman resident said in a telephone interview Wednesday. "Why didn't one of them go out there?"

Erich Dumbeck, the agency director, bristled at Whitacre's claims. Social workers and supervisors responded quickly once they discovered the situation, he said.

"We didn't drop the ball," Dumbeck said. "We did an exceptional job of taking care of these kids."

The Gravelles were convicted last month of four felony counts of child endangering, two misdemeanor counts of child endangering and five misdemeanor counts of child abuse. Each was acquitted of 13 charges.

Prosecutors accused the couple of keeping the adopted children in cages. But the Gravelles said they built the unlocked enclosures around some of the children's beds to protect them from hurting themselves and others.

The children suffer from a range of disorders that cause defiant rages and eating of items like wood and hardware. The county removed the children from the Gravelle home in September 2005, and the couple lost custody of the children in March.

The so-called cages drew worldwide publicity about the case. But jurors did not focus solely on the wooden and wire enclosures during their 22 hours of deliberations, Whitacre said.

The Gravelles appeared to have good intentions by adopting the children, but the situation spiraled downward, Whitacre said.

"The jury was fair to them," she said.

The children lived under deplorable conditions because no action was taken, Whitacre wrote in a letter to county commissioners and the Sandusky Register.

"Two years!" she wrote. "Why? Where is the accountability of the county agency and its employees?"

Whitacre, 66, urged county commissioners to restore public trust in their agencies. "Show these children you will not fail them again," she wrote.

County officials will discuss the agency's involvement with the family because of the letter, Commissioner Gary Bauer said. A state investigation did not issue findings against the agency, he said.

A former respite care worker testified in the trial that he met with county officials in 2003 to discuss conditions in the Gravelle home.

Dumbeck said he was not leading the agency when the initial tips came in about the beds. Social workers investigated and found nothing wrong, he said.

Prosecutor Russell Leffler said the agency receives thousands of complaints, and it's difficult to determine which are valid.

But, he said: "It's apparent the department dropped the ball to some extent. I think that's evident."

Fragile state of mind no excuse; Liz Carroll's rights were read to her

Liz Carroll's grand jury testimony allowed at trial
Brunsman, Barrett. Cincinnati Enquirer, Jan. 4, 2007, pg. C2.

BATAVIA - Liz Carroll's grand jury testimony - in which she said she knew her 3-year-old foster son, Marcus Fiesel, had been left in a closet and died - can be used as evidence in her murder trial in Clermont County, a judge ruled Wednesday.

Judge Robert P. Ringland of the Clermont County Common Pleas Court denied a request by defense attorney Gregory A. Cohen that Carroll's Aug. 28 testimony before the Hamilton County grand jury be barred from her trial here.

Cohen had argued that Carroll "was in a very fragile state of mind at the time of her interrogation" and that she had been overwhelmed by questions from Hamilton County Prosecutor Joe Deters, Assistant Hamilton County Prosecutor Mark Piepmeier and Clermont County Assistant Prosecutor Daniel "Woody" Breyer. Piepmeier and Breyer are handling the case against Carroll in Clermont County.

Ringland said a review of the transcript made by a court reporter showed prosecutors had advised Carroll of her right to not say anything that might incriminate herself, and that he saw no indication that she had been coerced into saying anything against her will.

Carroll, 30, was present for the Wednesday hearing but didn't speak.

The judge granted a request by Cohen that her murder trial be delayed. Instead of Jan. 22, the trial will begin Feb. 12.

Cohen asked that the judge wait until then before ruling on a defense request that the trial be moved out of Greater Cincinnati. The lawyer claimed that intense news coverage of the case will make it impossible to find jurors who aren't biased against Carroll.

The Clermont County murder trial of her husband, David J. Carroll Jr., is to begin Feb. 26 before Judge Jerry R. McBride.

Prosecutors have said the Carrolls left Marcus bound in a closet the weekend of Aug. 4. Charges against them include involuntary manslaughter, felonious assault, kidnapping and endangering a child. David Carroll is also charged with gross abuse of a corpse.

Earlier Wednesday, Judge Alex Triantafilou of Hamilton County Common Pleas Court ruled that Liz Carroll's grand jury testimony can be used in her trial in Cincinnati, where she faces charges of perjury, making false alarms and inducing panic.

Liz Carroll can't cover her tracks and Amy Baker is no angel

Judges: Carroll statements stand
Greber, Dave. Cincinnati Post, Jan. 4, 2007, pg. A2.

Twice within eight hours Wednesday, judges denied requests to dismiss statements foster mother Liz Carroll made this summer to detectives and a Hamilton County grand jury.

Clermont County Common Pleas Judge Robert Ringland ruled Liz Carroll's statements were admissible in her trial on charges of murder, kidnapping and child endangering, and postponed the 30-year-old's trial to Feb. 12.

Earlier Wednesday, Hamilton County Common Pleas Judge Alex Triantafilou overruled a request to throw out her statements to detectives and her grand jury testimony in her Hamilton County case, in which she is charged with perjury, inducing panic and making false alarms.

Carroll and her husband, David, are charged in the August death of their 3-year-old autistic foster child, Marcus Fiesel of Middletown. Prosecutors say the two bound Marcus in a blanket and left him in a playpen in a closet of their Union Township home for a weekend while they left town for a family reunion in Williamstown, Ky. When the couple returned, prosecutors charge, the boy was dead.

They are accused of concocting a story about two weeks after Marcus died that he had wandered off or been abducted during an outing at Juilfs Park in Anderson Township.

On Aug. 28, Liz Carroll testified before a grand jury that it was the idea of her husband and Amy Baker -- who lived with the couple -- to leave Marcus in a playpen in a closet Aug. 4 before they left for the reunion.

While Liz Carroll testified that her foster son's death was "an accident," she stated it was Baker and David Carroll's idea to burn his body at a remote spot in Brown County.

Two weeks ago, in an unexpected move, Triantafilou released Liz Carroll's grand jury transcript after it was admitted as evidence in a hearing following a motion to suppress the evidence. Grand jury transcripts typically are kept sealed and confidential.


It was Liz Carroll's statements to the grand jury and to detectives that her attorney in Clermont County, Gregory Cohen, and her attorney in Hamilton County, Adam Bleile, wanted thrown out of court.

Cohen said he believed his client was held and questioned against her will in Clermont County on Aug. 28.

"At no point was it made clear to her that she was free to get up and walk out of that (grand jury) room," Cohen said Wednesday.

However, Ringland noted that during questioning Aug. 28, Liz Carroll was read her Miranda rights more than once.

Bleile said the negative decision Wednesday against his client in Hamilton County shouldn't hurt her chances for fighting the case. He urged reporters covering the hearing to "just wait for the cross examination of Amy Baker."

Baker is the prosecution's star witness in both counties against the Carrolls. Prosecutors have promised her immunity in exchange for her cooperation and testimony against the Carrolls.

"Just wait until the other side of this story," Bleile said Wednesday. "You'll see there's definitely an Amy Baker aspect. I think Amy Baker has things to hide, and I think during the cross examination, you'll find that out. She's the co-conspirator in this whole case."

Triantafilou set a hearing for Jan. 12 in which he will set a date for Liz Carroll's trial or accept a plea from her.

Also Wednesday, Ringland delayed until jury selection a decision on a request by Cohen to move Liz Carroll's trial from Clermont County.

Abused child dies due to lack of investigation, Delaware County supervisor fired

Manager fired in baby's death: Supervisor had been alerted to possible abuse. Wilson, Dana. Columbus Dispatch, Dec. 29, 2006.

Delaware County officials fired a Children Services supervisor yesterday for ignoring a phone call about suspected abuse of an 11-month-old boy who later died.

After an internal review, the county commissioners decided that Lee Hayes' inaction warranted ending her job as intake supervisor.

The review focused on two anonymous calls made to Children Services workers in November regarding possible mistreatment of infant Nicholas Goodrich. The boy died Dec. 12, and his mother's boyfriend is accused of killing him.

State and local officials are investigating how Delaware and Franklin counties' child-welfare agencies handled complaints about Nicholas' care before his death. Franklin County Children Services yesterday confirmed receiving three calls about the boy as well.

Hayes' office in Delaware County forwarded the first call about Nicholas to Franklin County authorities after tracing the boy's mother to a Columbus address through welfare records.

But when the same caller followed up a week later, saying the mother and child had moved to Delaware, Hayes ignored the tip, Commissioner Jim Ward said.

That complaint should have been investigated immediately, he said.

Hayes "was the supervisor, and it was her responsibility that this sort of thing should never have happened," Ward said. "She did not handle things correctly."

Within weeks of the reported abuse, Nicholas died of severe brain injuries. His mother, Rachel Ewers, 22, of Delaware, has been charged with involuntary manslaughter, and her live-in boyfriend, Raytone Wilson, 21, is charged with aggravated murder.

A baby sitter said she called Children Services workers in both counties with her suspicions of abuse before the boy died.

Ward said it remains unclear why Hayes did not respond after her office learned that Ewers was living in Delaware County.

Ewers and her son lived in Franklin County before moving to Delaware.

Hayes, 44, was placed on paid administrative leave Tuesday. Her firing is effective today.

Hayes oversaw employees who receive calls and investigate allegations of child abuse and neglect. She has worked for the Delaware County Department of Job and Family Services since 1992, and served as a supervisor since 1998.

Her personnel records show praise for her overall performance and no previous disciplinary problems.

Hayes' attorney, Tony Heald, said his client will consider appealing the commissioners' decision to the Ohio Department of Administrative Services.

Meanwhile, how the case was handled by child-welfare officials in both counties remains under review by the Ohio Department of Job and Family Services.

Franklin County Children Services also is conducting its own review of three calls it received regarding Nicholas, as well as the referral from Delaware County, said Eric Fenner, the agency's deputy director.

"We are doing a very thorough, comprehensive review of that entire episode," Fenner said. "We want to find out exactly what happened and how it was handled."

Referrals of families who recently moved can sometimes lead to confusion between agencies, Fenner said.

Mona Reilly, director of the Delaware County Department of Job and Family Services, said her agency continues to review its policies and procedures and likely will hire an outside firm for further evaluation.

"We feel this is a very tragic occurrence for all involved," Reilly said. "It is our job as a Children Services protective agency to respond to children that are in need and protect them, and we will continue to do our best effort in that regard."

Information on Nicholas' suspected abuse was given to Hayes last month almost immediately after one of her employees took the second call, Reilly said.

As intake supervisor, it was up to Hayes to review the complaint and determine whether it required investigation, Reilly said.

"We don't really have a clear picture as to why she did not respond," Reilly said.

Commissioner Kris Jordan said the internal review revealed Hayes' awareness of the situation.

"We found that there were things that weren't done and, unfortunately, that leads to us having to fire somebody," Jordan said. "They should've sent somebody out to visit the home and assess the complaint."

Thursday, January 04, 2007

Liz Carroll brought all this on herself

Lawyer: Liz Carroll trial must be moved
Releasing testimony about Marcus cited
Brunsman, Barrett, Cincinnati Enquirer, Jan. 3, 2007, pg. B1.

BATAVIA - By making public Liz Carroll's testimony before a Hamilton County grand jury - in which she talked about the death of her 3-year-old foster son, Marcus Fiesel - a prosecutor made it impossible for her to get a fair trial on a murder charge in Clermont County, her defense attorney claims.

The trial, which is to begin Jan. 22 in Batavia, should be moved out of Greater Cincinnati because of press reports about that testimony and hundreds of other news stories about the case, defense attorney Gregory A. Cohen urged a Clermont County judge.

It won't be possible to find jurors who haven't been influenced by coverage of the August death of Marcus, Cohen said in a motion submitted to Judge Robert P. Ringland of Clermont County Common Pleas Court.

"Irreversible harm was done to a notion of a fair trial when (Hamilton County Assistant Prosecutor) Mark Piepmeier distributed copies of the transcript of Liz Carroll's grand jury testimony to news reporters" at a Dec. 19 hearing in Cincinnati, Cohen wrote.

In a response filed with the Clermont court Tuesday, Piepmeier said the transcript was already a public record at the time - and that Carroll has nobody to blame but herself and her husband, David J. Carroll Jr., for the media scrutiny.

"This defendant called numerous press conferences in which she implored the public to help her find her missing child, a child she knew was already dead and whose body she knew was burned into oblivion," Piepmeier said in the filing also signed by Clermont County Assistant Prosecutor Daniel J. "Woody" Breyer.

"Her repeated press conferences fanned the flames, and sparked the burning media interest in the case," the prosecutors wrote. The defense's "attempt to shift the focus to others is reprehensible."

The Aug. 28 grand jury testimony was made public after Liz Carroll's attorney in Cincinnati, Adam Bleile, requested that Judge Alex Triantafilou of Hamilton County Common Pleas Court bar her statements from being used against her there on charges of inducing panic, making false alarms and perjury.

Before the judge could consider that, Piepmeier was required to ask that the testimony be entered as evidence in the Hamilton County case. Triantafilou allowed that - thus making it public. Based on the First Amendment guarantee of freedom of the press, the judge rejected Bleile's request that the information not be shared with reporters.

Liz Carroll, 30, and David Carroll, 29, had told police and the press that Marcus wandered off in an Anderson Township park. During her grand jury testimony, Liz Carroll said she knew Marcus actually had been left in a closet of the family's Union Township home and died there.

The couple's live-in girlfriend, Amy Baker, 25, suggested leaving Marcus wrapped in a blanket in the closet while they went to a family reunion in Grant County, Ky., over the Aug. 4 weekend, Liz Carroll testified.

After the Carrolls and Baker returned to find Marcus dead, Baker suggested making up a story about him wandering off - and helped David Carroll burn the child's body, Liz Carroll testified.

Cohen wrote in his motion requesting that the trial be moved that Piepmeier - who is helping try the murder case in Clermont County - distributed copies of the court document "despite the absence of an order (by a judge) to unseal grand jury testimony.

"The prosecution's response said no such order was required under Ohio law.Cohen noted in his motion, filed Friday, that he isn't allowed to discuss the case in public because of a gag order imposed Sept. 26 by Ringland. As a result, "the only story being played in the press yesterday, today and tomorrow will be the prosecutor's story," Cohen wrote.

The gag order also bars Piepmeier and Clermont County prosecutors from speaking publicly about the case - but not Hamilton County Prosecutor Joe Deters.Deters, who is Piepmeier's boss, told The Enquirer that Clermont County will be able to find unbiased jurors.

"This case has been widely discussed, not just locally but around the state and even nationally," Deters said. "But I need to stress to you, you'll be shocked when they pick a jury how many people haven't heard a thing about the case. You'll be shocked."

The Carrolls are being held in lieu of $10.1 million bail apiece in the Clermont County Jail, where they also have been charged with involuntary manslaughter, kidnapping, felonious assault and endangering a child.

Baker, who hasn't been charged, is expected to be the primary witness against the Carrolls at their murder trials.

WTF was Huron County thinking???

Editorial: System failed 'caged kids'
Toledo Blade, Dec. 30, 2006.

ANY child-welfare system that lets a couple adopt 11 children, including some with special needs, is obviously broken, and bad things are bound to occur.

That happened in the notorious and heartbreaking case of the "caged kids" in Huron County. Sharen and Michael Gravelle got what they deserved when a jury found each of them guilty of child endangering and child abuse charges.

The case captured national attention as it unfolded and the public learned how the Gravelles treated the children in their rural home. Eleven children would overwhelm anybody, and with the demands of those with special needs the possibility of abuse increases dramatically, as testimony revealed during the couple's trial.

The children were kept in beds caged in with wood and wire and equipped with alarms. They were hosed with water outside in the winter, and were beaten with wooden sticks and boards. A boy was forced to sleep in a bathtub for days. A girl with Down syndrome had her head dunked in a toilet.

At one point in the trial, there was concern that felony convictions could be jeopardized. Judge Earl McGimpsey reduced half of the 16 felony charges to misdemeanors, and said the case would likely be appealed. That disappointed prosecutors, but made defense attorneys happy.

Fortunately, the jury didn't let that doubt get in the way. After four days of deliberations, the Gravelles each were convicted on four felony counts of child endangering, two misdemeanor counts of child endangering, and five misdemeanor counts of child abuse. They could each face from four to 20 years behind bars on the felony convictions and fines of up to $40,000. Sentencing is set for Feb. 12.

Anybody with a healthy concept of child-rearing can't comprehend how the Gravelles could be described as "good people." That they were allowed to be foster parents for so long clearly suggests something was amiss at the agency that was responsible for supervising foster and adopted children.

But no one could have known that based on the testimony of David Broehl, the county director of children services. He said he heard nothing that called for an investigation in a 2003 meeting with a care-giver who complained about what was going on in the Gravelle home.

Not surprisingly, the case has prompted changes to prevent repeat problems. It should be a lesson to every child service agency. Refining child-care systems to ensure that no child falls through the cracks and that abusive foster or adoptive parents aren't tolerated are vital steps to protect children already facing difficulties.

Happily, the children are doing well in their new homes. That's more a tribute to their resilience than to the adults who were responsible for their care. They deserved better.

Weekly update on child welfare cases in Perry County

Judge Cooperrider named to committee
Henery, Linda. Lancaster Eagle-Gazette, Jan. 3, 2007 .

Judge Luann Cooperrider, Perry County Probate and juvenile judge, has been named to the Juvenile Law and Procedure Committee with the Ohio Judicial Conference. This is Judge Cooperrider's fifteenth year to be selected to be on the committee which reviews legislation of interest and pertinent to the issues that juvenile court judges contend with daily, and often makes suggestions for revisions or changes to the law.

Children's service
Judge Luann Cooperrider, Perry County Probate and Juvenile Judge, heard nine children's services cases this past week with two children returned to their mother, three children placed with their grandmother and four children placed in foster care to continue with supervised visits ordered.

All parents were to continue with counseling, drug and alcohol treatment, and even though the children are returned to their homes the parents must still comply with the services requested to make sure the children are protected and safe.

Huron County should be held accountable for "caged kids"

County to blame in case of caged children, juror says
Columbus Dispatch, Jan. 2, 2007, pg. E2.

NORWALK, Ohio -- A member of the jury that convicted a couple of endangering and abusing some of their 11 adopted children by forcing them to sleep in cages says the county's children services agency should be held accountable for not acting sooner to help.

The Huron County board of commissioners will discuss the agency's involvement with the family because of a letter written by juror Nancy Whitacre, commissioner Gary Bauer said.
Whitacre said the agency knew about "cages with sirens" two years before the children were taken from the home.

"For two years the children continued to live under deplorable conditions because no action was taken," Whitacre wrote in the letter sent to Bauer and the Sandusky Register. "Two years! Why? Where is the accountability of the county agency and its employees?"

Both Michael Gravelle, 57, and his wife, Sharen, 58, were convicted last month of four felony counts of child endangering, two misdemeanor counts of child endangering and five misdemeanor counts of child abuse. Each was acquitted of 13 charges.

"Everyone I talked to on the jury, they all feel Children's Services failed," Whitacre said.

Huron County Job and Family Services did make some mistakes, but no employee should be disciplined, Director Erich Dumbeck said.

Social workers and supervisors acted quickly to care for the children once the situation was discovered, Dumbeck said. "I feel that people handled the case superbly," he said.

Bauer said a state investigation did not include any findings against the agency.

Although jurors decided not to discuss the trial publicly, Whitacre said she told them she wanted to write letters when it was over.

Whitacre, of Wakeman, said it was sometimes difficult to handle the testimony's emotional effect, she said.

"It was hard to go from that to Christmas, the happy times," Whitacre said. "It's hard to get over this."

The Gravelles could get one to five years in prison and a maximum fine of $10,000 for each felony count when they are sentenced Feb. 12.

8,000 staff members at ODJFS might or might not be replaced

Toll of transition: State workers sweating it out
Many await word on government jobs

Candisky, Catherine, Alan Johnson, James Nash and Mark Niquette.
Columbus Dispatch, Jan. 4, 2007.

Will they have a job Monday or will they be home watching Oprah?

As Gov.-elect Ted Strickland and four other new state officeholders prepare to take over next week, many of the nearly 8,000 people who could be replaced are still waiting for that answer.

Many may follow Jon Allen’s lead. "I'’ll keep coming until somebody tells me not to," quipped Allen, who has worked under seven directors during 10 years at the Ohio Department of Job and Family Services.

There’'s no pattern to the employment roulette that’s causing panic in the suites.

In the attorney general’s office, for example, many of the nearly 1,300 employees have had to formally reapply for their jobs or quit. In the secretary of state’s office, all applicants were required to write about how they would improve the office.

Like thousands of other state workers, Allen submitted a resume to Strickland'’s transition team in hopes of keeping his communications job. Strickland has appointed a new director for the Ohio Department of Natural Resources and seven other agencies, but other high-ranking officials are awaiting their fates.

"I knew this day was coming. I took this job 7½ years ago, knowing that there would eventually be an end to it," said Scott Zody, a deputy natural resources director and one of 38 permanent unclassified workers.

Like Allen, Zody has given a resume to the new administration. "Can (not knowing) be tough on you emotionally? At times it can be. I’'ve had more melancholy days in the last month than I’ve had in the last seven years, but you work through it."

There’s a lot on the line: more than 4,700 unclassified employees with salaries totaling $228 million annually are appointed by the governor; another 3,000 with a payroll of $177 million are controlled by other statewide officeholders, the judiciary and the legislature.

More than 3,400 people from both inside and outside the state have submitted resumes for jobs so far, according to records released yesterday by Strickland’'s transition team.

While most state employees are "classified" and have civilservice job protection, the unclassified employees serve "at the pleasure" of the appointing authority - the governor, the attorney general, secretary of state and others.

Jon Allison, chief of staff for outgoing Gov. Bob Taft, sent out a memo yesterday clarifying the employment situation for cabinet directors and other upper-level unclassified staffers. Allison said he met with John Haseley, who will be Strickland’'s chief of staff, and that all cabinet members will be told whether they are being replaced or retained as acting director.

Keith Dailey, a spokesman for Strickland, said that will be done by the time Strickland takes office Monday. The larger group, about 4,700 unclassified employees under the governor’s control, should report to work Monday unless they are told otherwise as the transition continues, Allison advised.

Throughout the state’s vast bureaucracy, hundreds of employees have asked to move from the vulnerable unclassified jobs to protected civilservice positions. Records from the Ohio Department of Administrative Services show a 16 percent increase in the number of such transfers in 2006 compared with the previous year.

Not all transitions are going smoothly. In the secretary of state’s office, for example, about 50 of the 63 unclassified employees have been told by incoming Secretary Jennifer Brunner that they will be replaced.

But no separation agreement has been reached for those employees. That means they would have to show up for work Monday and be fired by Brunner, said Carlo LoParo, a spokesman for outgoing Secretary J. Kenneth Blackwell.

Brunner spokesman Patrick Gallaway said that won'’t be necessary and that Brunner is communicating with all employees before Monday. Gallaway said Blackwell’s office hasn’t provided all the transition documents or other accommodations that Brunner requested.

LoParo denies that.

Gallaway also said Blackwell moved some employees into classified or protected status -including some after the election.

LoParo said that wasn’t done to protect workers. Attorney general-elect Marc Dann, a Democrat taking over from Republican Jim Petro, told employees in early December that they should submit resumes if they intend to keep their jobs.

Petro did not do the same when he took over from fellow Republican Betty D. Montgomery four years ago.

"This is a complete change of administration," said Dann’s spokesman, Leo Jennings III. "Marc has a different philosophy, a different set of principles in office."

Officials in Petro’s office said the atmosphere is thick with anxiety as some staffers receive calls telling them to report for work next week and others do not. By comparison, the transition has been "smooth and professional" at the state auditor’s office, where Republican Mary Taylor is replacing Montgomery. Taylor will announce her appointments to some key positions when she takes office Monday.

Monday, January 01, 2007

6 million children nationwide being raised by grandparents

Coalition helps grandparents, relatives who take on job of raising grandkids:
Kinship Caregiver program provides support and information for secondtime-around parents.
Barnes, Joyce. Dayton Daily News, Dec. 28, 2006.

DAYTON — Bonnie Grooms calls it "sad work."

After four years as a community health care advocate with the Kinship Caregiver Coalition, Grooms knows people don't call their office when things are going well.

It's when they get that "knock on the door," she says, "and on the other side stands 6-year-old twin granddaughters, whose parents can no longer function, and a caseworker asking, 'Will you take them?' "

The average age of a Coalition client is 56 years. Some are in their 70s and 80s. Most are single grandmothers, but aunts, uncles, or other relatives can also find themselves suddenly parents all over again.

Nationwide, nearly 6 million children are being raised by grandparents or other relatives, 40 percent of the time without the parents present.
In Ohio, 86,009 grandparents report they are responsible for their grandchildren living with them: 27 percent of these grandparents are black, 2 percent are Hispanic, and 68 percent are white, according to the AARP. The numbers, however, don't tell the story of the many challenges — legal, medical, educational, emotional and financial — this new and growing number of parents face.

This is why the Kinship Caregiver Coalition was created six years ago, to provide support and information for second-time-around parents. With a staff of four, the program helps kinship caregivers find the energy, time and resources to raise the children of their children. The Montgomery County program, an initiative of the Center for Healthy Communities, was the first of its type in Ohio, says program director Dionne Simmons. It is now a state and nationwide model.

Although the work can be daunting, it's also fulfilling and rewarding for Simmons, Grooms, program aide Sylvia G. Hatch and Ilene Thomas, the other Kinship Navigator in the office.

Before the holidays, they coordinated an Adopt-a-Family program to deliver Christmas wish lists to cash-strapped kinship families.

The Adopt-A-Family component is growing, said Simmons, because during the Christmas season, people become more aware of and generous toward those who need a little help.

But the Kinship Caregiver program and its coalition of 41 countywide agencies must maintain that giving spirit 365 days in the year. All year, they make home visits, accompany grandparents to custody hearings, shop for clothes or food, staff the Kinship Closet, advise, counsel and, they hope, empower and inspire kinship caregivers to make it through another day.
"We will turn over that last rock to find the resources people need," Simmons said.

Why do they choose to do this "sad" work?

"It comes from within. Even if you do this as a job, you have to have that serving spirit," said Simmons, who also holds a bachelor of science degree in health services administration and a gerontology certificate from Ohio University.

The Kinship Navigators say they have a special respect for their clients — proud, resourceful and grateful people, many of whom have never needed the help of social services before.

As more and more grandparents and other relatives take on the responsibility of raising their second set of children, the coalition will be a resource.

For more information or to volunteer, call Dionne Simmons at (937) 775-1116.

$60 million federal welfare dollars NOT given to the needy

Court: $60 million can't go to needy
Justices reject Cuyahoga lawsuit over welfare money
Nochols, Jim. Cleveland Plain Dealer, Dec. 28, 2006, pg. B2.

The Ohio Supreme Court nixed a lower court's award of $60 million to the state's poor, ruling Wednesday that the state did nothing wrong by applying federal welfare dollars to balance the budget.

The justices unanimously spiked a 2001 lawsuit in which Cuyahoga County commissioners accused Gov. Bob Taft's administration of orchestrating "an elaborate and illegal funding scheme" to solve a $1.8 billion budget shortfall by "turning their back on the neediest citizens of Ohio."

The commissioners sued on behalf of all 88 Ohio counties, contending the state breached its contract with the county and broke state and federal law by not passing the federal funds down to local agencies serving the disadvantaged. The county prevailed at trial in 2004 and in the 8th Ohio District Court of Appeals last year. So Wednesday's ruling was a crusher, said Cuyahoga County Administrator Dennis Madden.

"The county is disappointed in the outcome, and we still believe the court of appeals was correct in granting us relief," Madden said.

The Supreme Court properly saw that the state had discretion over how to allocate the federal dollars, Ohio Department of Job & Family Services spokesman Jon Allen said Wednesday.

State lawyers contended the state earlier had tapped the general fund, which is the state's main checkbook, to pay setup costs for a range of state and county welfare-to-work programs across Ohio. The $60 million transfer, they argued, was payback – akin to an employer reimbursing a worker for travel expenses, with no strings attached to the reimbursement dollars.

The Supreme Court agreed. The state had discretion to spend the money as it saw fit, the justices ruled. Cuyahoga County had no right to sue because it couldn't prove it was even entitled to the disputed money, much less deprived of anything by the budget shuffle.

The lawsuit sought to force the state general fund to transfer $60 million back to a Job & Family Services fund designed to help county or state agencies lift needy children and families off welfare. When the appeals court sided with the counties last year, Cuyahoga County officials predicted an infusion of $5 million into welfare-to-work programs here.

Ohio was drowning in red ink in 2001 when the legislature and Taft collaborated on a two-year budget that shifted more than $260 million from a federal welfare-money block grant into other programs.

The $60 million chunk in dispute went to the general fund from a Job & Family Services social-welfare account called Title XX. The budget shifted most of the rest of the federal block grant to Head Start, a preschool program for low-income children, and steered some to summer-school classes, sex-education courses and Boys and Girls Clubs and other programs the state had subsidized.

New director of Crawdford County Job and Family Services

Crawford County job, family services has new leader
Gasuras, Kim. Mansfield News Journal, Dec. 28, 2006, pg. A10.

BUCYRUS -- Thomas O'Leary will focus on teamwork and leadership in his new role as director of Crawford County Job and Family Services.

"I feel that everyone who works at this agency should view themselves as a leader for their customers," O'Leary said Wednesday when his appointment was announced.

"It is our role here to help our customers improve their lives by providing the best services possible, which also involves working together as a team."

O'Leary, 50, will leave his job as Ohio Department of Transportation District 3 deputy director to begin his administrative post in Bucyrus on Jan. 8. He will earn $68,000 annually.

O'Leary said he plans to meet with each member of the staff in the first 30 days.

"I want the staff to write down three things they think we are doing well and three things they would like to see improved upon. I also welcome any questions that the employees may have," he said.

A lifetime resident of Galion, O'Leary once served as a Crawford County commissioner.

"I was involved in the hiring process of some of the employees and I am very happy to see them still working here today," O'Leary said of the agency that oversees Children Services, Child

Support Enforcement, Jobs Plus and financial and medical help for families.

"I am looking forward to working with Tom," Jobs Plus Administrator Tina Snyder said. "I think he will be a great help to our county in the workforce and economic development areas."

"We will also be working with non-governmental agencies such as the Salvation Army along with governmental agencies," O'Leary said.

Since former director Wanda Sharrock retired in April, the agency has had two interim directors, Bob Anderson and, since July, Doug Theaker.

Department employee Michelle Shell said a permanent director will bring stability. "We can now move forward with new ideas and goals," she said.

Crawford County Job & Family Services
224 Norton Way, Bucyrus
Hours: 7:30 a.m.-4:30 p.m. Monday-Thursday and 7:30 a.m.-4 p.m. Friday
Phone: 419-562-0015

The agency offers financial assistance, including food stamps and Medicaid, to local families and individuals who qualify.

The Child Support Enforcement Agency, 225 E. Mary St., 419-562-0773, offers help for collecting and paying child support and paternity establishment.

Crawford County Children Services, 865 Harding Way West, Galion, 419-562-1200, offers help for families in crisis and children who are abused or neglected, adoption and foster parent services.

The Jobs Plus Unit, 419-562-8066, offers an array of employment services such as career counseling, job placement and education and training.

Fostering the Fragile

Good things happening
Foster parents get toy help
Listermann, Mary Lu. Cincinnati Enquirer, Dec. 27, 2006, pg. B3.

Fostering the Fragile is a program established by Raenon and Jim Justice of Fort Thomas to help medically fragile foster children and their families.

The goal of the program is to provide specially adapted toys, clothing, equipment and other items for foster families to borrow.

They will be able to see firsthand what equipment works for their child before deciding what to purchase and beginning the process of acquiring items through Kentucky Medicaid.

The children will benefit by being able to use the equipment until theirs arrives.

To learn more or make a donation, e-mail fosteringthefragile@insightbb.com or write to P.O. Box 76293, Highland Heights, KY 41076.

The only two words he knew were 'Mommy' and 'Daddy'

Judge's gavel is 'amen' to family's adoption of Bible-toting toddler
Boak, Joshua. Toledo Blade, Dec. 25, 2006, pg. A1.

The 2 1/2-year-old carries a small Bible, a worn book of rounded corners and tattered pages littered with his drawings.

Some children cradle a blanket at night. Kassani sleeps with a King James translation. Though unable to read, he wants a new "bubble" for Christmas.

Kassani likes Mickey Mouse, chicken wings, broccoli, and Thomas the Tank Engine. If he is thirsty enough, Kassani does more than drink apple juice: He wears it on his T-shirt.

When Kassani arrived last June at the caramel-colored house in West Toledo, he instantly called Jolan and Heather Hardiman "Daddy" and "Mommy." Those were among the only words he knew. Every man was a "Daddy." Each woman, a "Mommy."

But Kassani was no one's child until last week. The Hardimans finalized the adoption in Lucas County Probate Court on Dec. 21, ending a yearlong process and embarking on a forever commitment to a piston-legged boy with still eyes.

"Having him is a blessing for us," Mr. Hardiman said.

At any given moment in the Toledo-area, 75 children are waiting for permanent homes, said Dean Sparks, executive director of Lucas County Children Services. The agency places about 160 children annually with adopted families.

A parent's death, physical abuse, or a decision to cede parental rights can place the child under Mr. Sparks' temporary guardianship. Each child's case history, including Kassani's, is unique and protected by privacy laws.

Children in the system spend the holidays with foster families, grandparents, siblings, cousins, or aunts and uncles. No one is alone, Mr. Sparks said. The county closed its last orphanage in 1992.

"Christmas talks about the ultimate adoption," Mr. Sparks said. "Jesus was adopted by Joseph. That kind of began the whole thing for us, I guess."

The Hardimans chose to adopt after their third daughter's birth. They began attending preparatory classes in October of last year, confident that they could manage an adopted son because of Mrs. Hardiman's experience as a home day-care worker. A child must live with a family for six months before an adoption can be approved.

"When he came, he was totally different than what we had thought," said Mr. Hardiman, 29, a guard at the Toledo Correctional Institution.

At first, Kassani was quiet. He struggled to talk. The toddler hesitated to hug his new parents. Whenever his feet sprung to the ground, Kassani would bolt, and Mr. Hardiman would chase him.

As Kassani watched his sisters, he grew more affectionate and comfortable enough to parade around the house with a Teenage Ninja Mutant Turtles' bandana wrapped over his eyes. Mrs. Hardiman, 27, said she delights in the moments when Kassani's mind clicks with his surroundings.

"Even if it's something small, like eating dinner with a fork," she said.

Akia, 8, surrendered her bedroom to Kassani. She moved in with sisters Hadiya, 5, and Zahra, 2, a sacrifice Akia understands but not one she prefers. A brother is different from a dog, which is what Akia requested for Christmas.

"A boxer, so I could box with it," she said.

Akia laughed, mulled over her choice, and changed her answer to a poodle, then a shepherd, and finally a golden retriever.

The family hopes to upgrade to a four-bedroom house this summer and restore Akia's lost sanctuary, Mr. Hardiman said.

On Christmas Eve, the Hardimans worshipped at Faith Bible Baptist Church on McCord Road. The 80-person congregation greeted news of Kassani's official adoption with a chorus of amens.

The Rev. Tim Goodman bypassed the manger story, meditating instead on the promise of Christmas contained in the first chapter of John, "In the beginning was the Word, and the Word was with God, and the Word was God."

"A word is a visible expression of an invisible thought," he preached.

Taken from the ancient Greek "logos," the word embodies the wisdom of the universe, but it can be as simple a revelatory term as "love," "merry," or even "my."

Kassani retreated to the nursery before the sermon. A curious mind encourages wandering hands and trouble. He left a clip-on tie in the second-to-last pew as a reminder of his hasty departure.

Earlier in the service, he hefted a large Bible above his head. Before the book could topple his frame, Mrs. Hardiman took it from his fingers. Kassani regained his balance and turned toward Mr. Hardiman.

"My Mommy," he whispered.

Thursday, December 28, 2006

David Broehl has faulty memory and missing records

Children services director denies getting '03 report of cages in home
Sielicki, Jim. Toledo Blade, Dec. 9, 2006, pg. A1.


NORWALK, Ohio - The head of the agency that oversaw the care of the foster and adopted children of Michael and Sharen Gravelle testified yesterday that he does not recall hearing about the children being housed in cages before his staff removed them from the rural Huron County home in September, 2005, despite a meeting with a care-giver in 2003 who complained about conditions he saw there.

Last week, respite care worker Carlyle Smith testified that David Broehl, director of Huron County's children services agency, was present at an Oct. 28, 2003, meeting during which he discussed the cages and other concerns he had about the family.

"If cages were mentioned ... I did not hear that, which makes me think I was not there at the time," Mr. Broehl said.

He said that his agency began looking into a report of cages at the Gravelle home in August, 2005, a month before the 11 adopted Gravelle children were removed.

He said the Huron County Department of Job and Family Services began its investigation after an insurance investigator raised concerns about the cages, which he saw during an insurance inspection at the home.

Mr. Broehl testified that at the 2003 meeting with Mr. Smith, a respite-care worker with Comfort Keepers of Norwalk, Mr. Smith complained about how the Gravelles disciplined their children. But Mr. Broehl said Mr. Smith did not raise the issue of cages in the home.

"That word [cages], I did not hear," Mr. Broehl said. "It's a very strong word. ... If he would have mentioned it, we would have investigated."

In his Dec. 1 testimony, Mr. Smith said Comfort Keepers sent him to the Gravelle home to decide whether he would be compatible with the children before he was hired. The county pays for respite care.

After he left the Gravelle home, Mr. Smith called his boss, who set up the meeting with child-welfare agency officials to discuss what Mr. Smith testified was "emotional and mental" abuse of the children.

Mr. Broehl testified under cross-examination that he and his top investigator, Brian Lindsey, did not hear "anything that would rise to an investigation."

He said Mr. Smith appeared concerned about how "harsh" the Gravelles were when disciplining their children and their "strong religious focus."

Also under cross-examination, the agency director said he found nothing in the children services files regarding a complaint from a neighbor.

On Tuesday, Laurie Oney told the court she filed two complaints with the agency.

She said the first complaint, in 2001, stemmed from the Gravelles forcing a child to sleep in the bathtub because he wet the bed.

Mrs. Oney said she filed a second complaint a year later after visiting the Gravelle home and seeing Mrs. Gravelle hit a child on the back of the legs with a shortened broom handle.


"There is nothing in our records about that," Mr. Broehl testified.

After the children were removed from the home on Sept. 9, 2005, Mr. Broehl said he read the entire Gravelle file, including notes from the meeting with Comfort Keepers.

About three months after the meeting with Comfort Keepers, Mr. Broehl and Suzie Sidell, who arranges for adoptions and foster care, visited the home to discuss other possibilities for respite care.

Mr. Broehl said they did not take the notes from that meeting with them. Nor did they ask to see other parts of the home beyond the dining room where they met the family, he said.

"Carlyle Smith was not on your radar screen?" asked defense attorney Kenneth Myers. "No sir," Mr. Broehl replied.

The children services agency leader admitted that he too was "uncomfortable" with how the Gravelles were raising the children during two visits with the Gravelles. But he said he did not see signs of abuse nor hear the parents call the adopted children, who are black, "monkeys," as Mr. Smith testified last week.

Later, Mr. Broehl testified that the agency began laying the groundwork for removing the children shortly after opening its investigation. Things came to a head on Sept. 9, 2005, when caseworker Jo Ellen Johnson went to the home to check on the reports of cages.

After leaving, she called her supervisor, who in turn alerted the Huron County Sheriff's Office, which obtained a search warrant that day. The children were removed that evening and placed in foster care. Since that time, the Gravelles' adoption rights have been terminated.

Columbus psychologist William Benninger, who saw five of the Gravelle children after they were removed from the home, testified yesterday about the potential of emotional harm the children suffered by being forced to sleep in cages.

He provided an assessment of each child he counseled. He said he found evidence of adjustment disorder, attention deficit hyperactivity disorder, and other emotional issues.

He said a substantial risk to their stability existed because of their "seriously stressful circumstances" in the home.

"Yes, it likely would be a significant influence on their well-being," he told Prosecutor Russ Leffler. "Being in cages would contribute to long-term emotional difficulties."

During his interviews with the children, Mr. Benninger said, some of them expressed strong feelings about sleeping in the cages.

Mr. Myers and fellow defense attorney Richard Drucker objected strenuously to allowing Mr. Benninger's testimony to be given, contending he was not qualified to give an opinion about the children's long-term outlook.

Judge Earl McGimpsey sent the jury out of the courtroom and researched the issue. After a lengthy recess, the judge cited three cases that supported the prosecution and allowed the psychologist to testify.

Mr. Benninger testified in the juvenile court proceedings a year ago. He is scheduled to return to court for cross-examination on Tuesday, when the trial resumes for its third week of testimony.
The Gravelles are charged with 16 counts of felony child endangering and eight misdemeanor child endangering charges.

If convicted, they could be sentenced to up to five years in prison and fined $10,000 on each felony charge.
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