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Lifeway sues state agency over Marcus Fiesel case
> Read Lifeway for Youth's offical complaint PDF | Comment on this
Wednesday, April 11, 2007
HAMILTON — The private agency that recommended the foster parents convicted of killing Marcus Fiesel filed a $1 million lawsuit Tuesday afternoon against the state department seeking to yank its Ohio license.
In the suit filed in the Ohio Court of Claims, New Carlisle-based Lifeway for Youth alleges the Ohio Department of Job and Family Services engaged in a deliberate public campaign to make Lifeway the scapegoat in the August death of the 3-year-old developmentally disabled Middletown boy. The public statements were made before the state began investigating the case, according to Lifeway.
Extras
Lifeway Complaint
The nonprofit agency believes the ODJFS "made regular negative and disparaging statements about Lifeway, in effect ruining its business before Lifeway had an opportunity to defend itself," said the nonprofit's attorney, Melissa Mitchell, of Vorys, Seymour, Sater & Pease in Columbus.
Lifeway is seeking $1 million in damages — the estimated revenue it expects to lose from decreased referrals, Mitchell said. It claims interference with business relationships, abuse of process, violation of due process, and defamation. It is also seeking injunctions prohibiting the state department from making any further statements to the media, foster families or referring agencies that would interfere with Lifeway's business relationships, she said.
However, the ODJFS stated that it "remains confident" that its decision to revoke Lifeway's certification "will be upheld through the legal process."
Still, Lifeway's suit alleges the ODJFS:
• Sent letters in September to county children services agencies advising them to check Lifeway homes and accompanied it with a press release implying the homes were unsafe;
• Made public statements of its intention to revoke Lifeway's license at least a month before Lifeway was formally notified;
• Violated its own rules by failing to tell Lifeway what files it wanted to review before visiting Lifeway sites;
• Altered reports of field investigators;
• Made false and misleading statements to the media.
Those alleged actions were aimed "for purely political and public relations reasons" to dry up referrals to Lifeway's foster care program, according to the suit. Instead of growing as it did each year since Lifeway's founding in 1994, the number of foster children living in Ohio Lifeway homes has dropped from about 600 before Marcus' death to 360, according to Lifeway.
Mitchell said the suit comes a day after the appeal hearings over the agency's license revocation were set for June 4-7 and June 12-15 because Lifeway may not be in business by then. At issue in the state hearings are 55 of 147 citations the state issued against Lifeway in January, said Mitchell, who plans to also represent Lifeway in those hearings.
"We will fight for our survival on every front," Lifeway Founder and Executive Director Michael Berner said.
Lifeway, which operates in five other states, came under scrutiny after it was discovered in mid-August Marcus was killed and his body burned. Butler County Children Services, on Lifeway's recommendation, placed Marcus with Liz and David Carroll Jr. The couple was convicted of murder last month for his death.
Butler County, which was cleared in the state's investigation, plans to assist Lifeway foster parents who care for Butler County children to keep those children by transferring their licenses should Lifeway go out of business. Otherwise, the children could be removed.
"Lawsuit or no lawsuit, the situation hasn't changed," Butler County Children Services' Finance Director Jeff Centers said about Lifeway's foster parents left in limbo. "Whether their license is revoked or whether they go out of business, (Lifeway) foster parents' licenses will be transferred."
Contact this reporter at (513) 820-2175 or chiggins@coxohio.com.
Comments
By aaron
April 13, 2007 6:03 PM | Link to this
CHRIS if you would keep up on lifeway you would know that they altered there application an lied saying they did the classes needed to be foster parents an was found to be in violation of atleast i think it was 50 something violations they need to be shut down its all about the money to them trust me i know
By Chris
April 13, 2007 1:48 PM | Link to this
Honestly, how could LIfeWay foresee what was going to happen? The house looked nice, in a good area. The couple presented themselves as a happily married couple with kids of their own. Who could predict in reality they were some “Jerry Springer” rejects. LifeWay is an agency who makes the best judgements based on what is presented to them. They do not have a crystal ball to know the future.
By Chris
April 13, 2007 1:46 PM | Link to this
Honestly, how could LIfeWay foresee what was going to happen? The house looked nice, in a good area. The couple presented themselves as a happily married couple with kids of their own. Who could predict in reality they were some “Jerry Springer” rejects. LifeWay is an agency who makes the best judgements based on what is presented to them. They do not have a crystal ball to know the future.
By Chris
April 13, 2007 1:46 PM | Link to this
Honestly, how could LIfeWay foresee what was going to happen? The house looked nice, in a good area. The couple presented themselves as a happily married couple with kids of their own. Who could predict in reality they were some “Jerry Springer” rejects. LifeWay is an agency who makes the best judgements based on what is presented to them. They do not have a crystal ball to know the future.
By aaron
April 12, 2007 7:17 PM | Link to this
to CHOPPER maybe you need pay more attn to the whole story you would know my son was a foster brother to marcus an was subjected to the same things but we had him that weekend an have him home for good so u need to know the whole story before you open your mouth JERK
By Chopper
April 12, 2007 7:37 AM | Link to this
You people that keep saying Children’s Services was or is making money off kids in care are out of your FREAKIN’ minds. You don;t know what the hell your talking about. ANd as for Aaron, get up off your a*s and go back to school. Maybe then you can submit a comment that people can make sense of. Being ignorant and uninformed is no excuse AND no way to go through life.
By Lisa
April 11, 2007 12:51 PM | Link to this
If Lifeway had been doing their job, Marcus would not have ended up dead. And if Marcus’ birth mother had been doing her job, Marcus wouldn’t have ended up in foster care to begin with.
By ben
April 11, 2007 11:45 AM | Link to this
Its all about money. How concerned were the birth parents about this poor child before he was killed? He was looked at as a dollar sign when he was alive and still is in death. The whole bunch, State, Lifeway, birth parents, other family members and the idiots who killed him should be ashamed.
By aaron
April 11, 2007 10:51 AM | Link to this
I REALLY DONT THINK THATS THE REASON BUT ANY HOW THEY WILL NEED IT TO PAY MY KIDS FOR WHAT HAS HAPPEN TO THEM THATS FOR SURE SEE YOU IN COURT LIFEWAY AN BUTLER COUNTY
By Diane Burkart
April 11, 2007 9:47 AM | Link to this
What is the world coming to? Everyone trying to make a buck off a dead child. Lifeway, Children Services, the Carrolls and the biological mother wants to sue. Do you really think this will bring Marcus back. All of the above are responsible for his death. You have no remorse for this child’s death, you see dollars signs. I hope everyone pays for his death. He was an innocence child who no one care about. He is with God now, and he will be cared and love for eternity.
By Mike
April 11, 2007 9:25 AM | Link to this
I can not find anything good to say about Lifeway or the Child Services Agency. So I Will Not Say Anything. Except why did Governor Tafts Office give them a license in the first place
By Sailor
April 11, 2007 9:18 AM | Link to this
A fine should be impossed on them at least because they were partly at fault for murder. They should not enter into the public opinion area or is it about the money like the prosecutors office. This is one Jury people wont mind setting on.