Private foster care agency Lifeway For Youth has been denied the right to operate in Ohio following an appeal.
A Franklin County Common Pleas Judge rejected the agencies appeal.
The Ohio Job and Family Services stripped Lifeway of its certificate after an investigation that began when a 3-year-old child was murdered while in the care of his foster family.
The death of Marcus Fiesel sparked the investigation by Ohio Job and Family Services which says it found a lack of foster care parent screenings, insufficient record keeping, failure to get background checks and inadequate training for foster parents.
The latest legal ruling calls for the agency that placed Marcus Fiesel with Liz and David Carroll, Lifeway for Youth, to stop operating in Ohio.
After the murder of Marcus Fiesel, local job and family service agencies decided to stop placing children with Lifeway for Youth.
Hamilton County started an instant notification system. "And that means anytime a foster family or any member of a foster family or anyone in a foster family household is arrested, we are notified on a daily basis," said Brian Gregg of Hamilton County Department of Job and Family Services.
Butler County also started an information system that does daily checks.
Their agency also has an investigative resource unit and a police officer to do surprise checks.
Currently, Lifeway for Youth has about 75 children in Ohio.
"There were many failures on their part to do background checks, and training of foster parents, and to assess whether or not a child should be placed in that home and this ruling fixes all of that for us," said Tracy Greuel, Assistant Ohio Attorney General.
Greuel continued, "What's going to happen now, we're going to formulate a good transitional plan so that no lifeway foster children are taken out of homes but that those entire homes are transferred to new agencies but when that plan is complete lifeway will no longer operate in the state of Ohio."
David Carroll, and his wife, Liz, were convicted of murdering 3-year-old foster child Marcus Fiesel. They also gave up custody of the three children they have together.
The following is a press release from Attorney General for the State of Ohio, Nancy Rogers regarding the private foster care agency, Lifeway for Youth, having been denied the right to operate in Ohio.
COLUMBUS ~ More than two years after an investigation was launched into the unsafe
practices of the private foster care agency Lifeway for Youth Inc., Franklin County Judge Richard Sheward has agreed with a previous decision of the Ohio Department of Job and Family Services to strip Lifeway of its certificate to operate in Ohio.
The initial concerns came to light after a three-year-old child was murdered while in the care of a Lifeway foster family. That unspeakable tragedy became the impetus for a comprehensive probe into the agency’s placement of foster children. The investigation revealed a critical lack of foster parent screenings, insufficient record keeping, failure to obtain background checks, and inadequate training for foster parents.
When asked to correct these problems, Lifeway repeatedly failed to comply, leading the Ohio Department of Job and Family Services to believe that children placed by this agency were at risk. One year ago, ODJFS revoked the agency’s certification and denied Lifeway’s application for certificate renewal. That decision came on the heels of a Hearing Examiner’s report and recommendation that ODJFS take this action. That report was the first step in the administrative hearing process as set out in Chapter 119 of the Ohio Revised Code.
“The safety and well being of Ohio’s children is at the heart of this issue,” said Assistant Attorney General Tracy Greuel. “We have a responsibility to protect those most vulnerable from physical or mental harm and make certain those who are caring for them are vigorously screened and are offered the most thorough education. We cannot allow agencies that fail on these fronts to continue to operate and put Ohio’s children in danger.”
In his final order, Judge Sheward rejected every argument advanced by Lifeway for Youth, Inc. stating that “this entire area of law deals with the safety and security of foster children. It would be against public policy to apply the statutes and codes that were designed to protect those children in a willy-nilly way.”
Judge Sheward also questioned the credibility of Lifeway and declared its argument that ODJFS and the Ohio Attorney General's Office engaged in a witch hunt, “just inferences and/or suppositions.”
Less than three weeks ago, Lifeway voluntarily dismissed its action in the Ohio Court of Claims alleging defamation and interference with business based on ODJFS’ actions prior to the revocation of Lifeway’s certification.
Lifeway will have until early January to file an appeal of this decision to the 10th District Court of Appeals.
In the meantime, ODJFS and the Ohio Attorney General's Office will work to ensure the safety of all foster children.
