COALITION AGAINST INSTITUTIONALIZED CHILD ABUSE
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Foster-care system on trial
 

Marcus Fiesel's death ignited public hostility against a system that gave him to the foster parents now accused of killing him.

Critics called social workers negligent and the system broken. Both claims will be tested during the trials of Liz and David Carroll Jr., and during the official reviews touched off by the tragedy.

Butler County launched an intense review of its foster system. Ohio is reviewing the handling of Marcus' case.

Kentucky ordered face-to-face visits with every child placed by Lifeway in the commonwealth. Hamilton, Clermont and Warren counties have removed most of their cases from Lifeway homes. Hamilton County has quadrupled the number of background checks it will run on foster parents.

Whatever the verdicts of such efforts, the evidence also suggests that Marcus' death traces to two fundamental causes: His legal protectors were bamboozled by a pair of practiced liars, and their manipulations worked because of a flawed system that is shockingly vulnerable to subterfuge.

The Carrolls are accused of binding 3-year-old Marcus in a cocoon of blankets and tape on Aug. 4, then locking him in a closet for two days while they went to a family reunion. When they came home and found him dead, prosecutors say, they burned the child's body in the ruins of a chimney in Brown County and threw the boy's remains in the Ohio River.

To hide the crime, investigators say, they later faked his disappearance at an Anderson Township park, claiming the boy - who had serious developmental problems - wandered off when Liz Carroll passed out because of a heart condition. The report touched off a weeklong search involving thousands of volunteers and hundreds of professionals.

"If someone is committed to doing something terrible, sometimes it's hard to know how to stop them," said Tracy Cook, director of ProKids, which trains volunteer court advocates for Hamilton County foster children.

The Carrolls made it into the foster system, which paid them $1,000 a month to care for Marcus, by masquerading as devoted suburban parents who loved to care for children in their comfortable new home, and even coached young cheerleaders and football players at local parks.

They doggedly maintained the façade from the day they applied to be foster parents until they were arrested Aug. 28.

In the words of Hamilton County Prosecutor Joe Deters, "They lied until the bitter end."

Amy Wall, a mother of six, was one of hundreds of Anderson Township neighbors who searched Juilfs Park in Anderson Township after the Carrolls reported Marcus missing. She knew David Carroll Jr. only as the volunteer coach of her son's football team.

In that context, Wall said, "He was very good with the children, very patient, very kind."

The same man, according Clermont County Juvenile Court documents, beat his own children with belts and once put a knife to his wife's throat during an argument.

On Aug. 22 - 18 days after investigators say she locked Marcus up - a haggard-looking Liz Carroll stood before a crowd of television cameras and pleaded for help finding Marcus. She couldn't eat, she said, she couldn't sleep. "I love children," she said. "Children are my life."

The Carrolls entered the foster-care system through Lifeway for Youth, a private not-for-profit company that recruits and trains foster parents, then places children in those homes and oversees their care. The lies they told Lifeway cover almost every aspect of their lives.

Records show little evidence that Lifeway, or the Butler County Department of Jobs and Family Services that hired the agency, took even rudimentary steps to verify the Carrolls' statements:

David Carroll told Lifeway he was an independent business owner, but there is no business registered in his name in Ohio. Friends and family told The Enquirer he rarely worked and had tried for years to get disability payments.

The couple claimed to own the home where they lived in Union Township. Clermont County auditor records show they never owned the Valley Wood Drive home.

They listed two previous addresses from 1999 to 2005. In its petition to take custody of their four children after the Carrolls' arrest, Clermont's child services department said the Carrolls had at least 10 addresses since 1998.

The Enquirer found similar information during the search for Marcus through a service often used by bill collectors. The same information would have appeared in a credit check.

One letter of recommendation the Carrolls gave to Lifeway describing them as stable, loving parents was written by Amy Baker, who was living in their home and was involved sexually with both David and Liz Carroll. Lifeway reported its caseworker saw no evidence of a third adult living in the home.

During the two weeks after she reported Marcus missing, Liz Carroll claimed her husband was on medication for bipolar disorder. According to Lifeway, a letter they submitted from their family doctor made no mention of the condition. They did not undergo independent psychological screening, because it is not required by law.

They underwent an Ohio criminal check, which is required, but it did not reveal a Milford theft charge against Liz Carroll because the charge was not in a category that is reported to the state. Nor did it reveal a shoplifting charge against David Carroll Jr. in Kentucky.

In June, after Marcus was placed with the Carrolls, Union Township police charged David Carroll Jr. with domestic violence after an incident when he reportedly threatened his wife with a knife and shoved her into a pool table - an incident witnessed by their children. The Carrolls never reported the charge to Lifeway or Butler County, as required by law. There is no system to send such police reports to the foster authorities. Nothing on the police report indicates that officers knew there were foster children in the home.

Butler County Commissioner Mike Fox, a long-time critic of Ohio's family services system, said double-checking such information should be mandatory.

"The quality of the decisions (a child protection agency) makes about children and families cannot rise above the quality of information they have," he said. "If the information is flawed or incomplete or inaccurate, the risk to child will be greater."

The Carrolls are being held on Clermont County charges of murder, involuntary manslaughter, kidnapping, felonious assault and three counts of child endangering; David Carroll Jr. is also charged with gross abuse of a corpse. In Hamilton County, where the search took place, both are charged with making false alarms and inducing panic; Liz Carroll is charged with perjury.

While they await trial, supporters and critics search for ways to make foster oversight stricter.

Hamilton County, for instance, is launching a program to link criminal and foster records and flag arrests at foster home. The county also will require criminal, civil law and credit checks on foster parents four times a year.

Mike Berner, director of Lifeway for Youth, said no amount of screening could have uncovered the facts about the Carrolls. His organization is facing a $5 million wrongful death lawsuit filed by Marcus' birth mother.

Joyce Freson, a Forest Park foster mother who has cared for more than 100 children over 23 years, had harsh words for Lifeway. "I know some of the people they have licensed, and I wouldn't let them watch my dog," she said. She works through Catholic Social Services and Butler County.

Still, she said, even rigorous oversight can be defeated.

"Who knows what happens when the doors close on somebody's house?"

Fox said the system needs more independent oversight.

"If our nation's secrets were held by our child protection system, they would be safer than with the CIA," he said. "They have a moat built around them that blocks any attempt by outsiders to be involved."

Fox said that under existing law counties are not required to rigorously assess contract agencies. "They basically said to Lifeway, 'Take care of these children and oh by the way, periodically tell us how you're doing,'" he said.

"Did they violate any laws? No. They violated common sense principal."

"Ultimately, the question is, can this system ever take the place of a family? The answer is no," Cook said. "As long as we rely on something that was designed to be temporary to raise these children, we are going to continue to put children at risk.

"I'm all for making the system better," she said, "but I'm all for getting kids out of the system. That's not where kids should be raised."

E-mail mmcgurk@enquirer.com

 

 

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