From the Statehouse 2007 No. 24
by Jennifer Garrison
Oct. 13, 2007
FROM THE STATEHOUSE- OCTOBER 12, 2007
In August of 2006, little Marcus Fiesel was bound in a blanket and left in an 80-degree closet by his foster parents while they left town for a family reunion. When they returned, the three-year-old boy was dead. Liz and David Carroll, the foster parents, are serving prison terms in connection with Marcus’ death.
This tragedy shined a bright spotlight on the agency that placed little Marcus with the Carrolls, Lifeway for Youth, and the accusations of substandard evaluation and training for its foster parents. House Bill 214 aimed to correct that.
The bill increases the number of pre-placement training hours for foster parents from 24 to 36. It requires the Department of Jobs and Family Services (ODJFS) to partner with the Ohio Department of Mental Retardation and Developmental Disabilities (MRDD) to offer joint cross-system briefings to educate the professionals of both systems. It also establishes a procedure for two county MRDD boards to reach an agreement regarding which board provides services when a foster child moves from one county to another. I supported those changes in committee.
However, an amendment was added Wednesday on the House floor that shields foster parent information from being a public record – a policy historically consistent with the ODJFS and Children’s Services board. Upon the revocation of the foster parent certificate, the foster parent’s name, date of birth, and county of residence would become public record, but the reason for the foster child’s removal may not.
In the wake of the Marcus Fiesel case, the Cincinnati Enquirer made a public records request asking for the names of all foster parents. The agency denied the request. That case is now in the hands of the Ohio Supreme Court. Many observers believe these documents to be public records and expect the Court to rule as such.
The Ohio Newspaper Association recommended a compromise: Shield some information from the public like the foster parent’s address and personal background, so a biological parent could not easily find their child.
I believe Ohio’s foster care system needs more public scrutiny to keep children safe. Bad foster parents, like the ones who killed Marcus Fiesel, should not be shielded by the law. The rationale offered for shielding the records is to protect foster parents and children from biological parents, and to prevent a chilling effect for other potential foster parents. However, legislative secrecy in government is not a solution. Greater transparency might catch problems faster and lead to greater protections for foster parents and their adopted children. We cannot count on the foster care system in Ohio to police itself.
In the case of Marcus Fiesel, the home study Lifeway for Youth conducted on the Carrolls did not contain:
Required information regarding the foster parents’ marriage;
The foster father’s children;
Attitudes about disciplining children; and
The summary of the family’s suitability for foster children.
Lifeway also did not contact any personal references, over-reported the number of foster care training hours, and did not investigate the foster parents’ failure to report an alleged injury to the child in accordance with established timeframes. If Lifeway would have called references they may have discovered the foster father was bi-polar and ineligible to be a foster parent.
The problem is, none of this was found until after Marcus Fiesel was dead.
House Bill 214, with the amendment to shield records, passed in the Ohio House of Representatives. I voted “no” on both the amendment and the bill as amended.
I appreciate the dedication, love and care good foster parents provide to kids. I believe the media’s scrutiny can be a safety net for children who are not fortunate enough to be in safe foster homes. Transparency in the foster care system could save a child’s life; perhaps it could have even saved Marcus Fiesel.
You can reach Jennifer Garrison at her Columbus office at 614-644-8728 or in the district at 740-373-2414 or by e-mail at jennifer@jennifergarrison.com. Her website is Riffe Center | 77 South High Street | Columbus Ohio 43215-6111 | (800) 282-0253 | District93@ohr.state.oh.us
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