The Ohio Department of Children and Youth completed a child fatality review earlier this week after Dayton police found the 7-year-old nonverbal autistic boy’s remains on July 12.
Hershall and his sister were living with their mother, Ashley Johnson, and her boyfriend, Michael Kendrick, at a Xenia Avenue home in Dayton at the time of Hershall’s death.
The children previously lived with their grandmother, who temporarily had guardianship of them, in Clark County.
Johnson admitted Hershall died sometime in May while Johnson was in the hospital, according to Dayton Municipal Court records.
Kendrick allegedly punched and struck Hershall when he was drinking and got into an argument on the phone. Kendrick claimed Hershall died the next day in the shower, according to court records.
A grand jury indicted Johnson on one count of obstructing justice and Kendrick on two counts of tampering with evidence and three counts of gross abuse of a corpse.
The state review looks at children services’ compliance with Ohio Revised Code and the Ohio Administrative Code in regard to intake, screening, assessment/investigation and safety and risk assessment practices.
“Every child fatality in Ohio is tragic and painful,” said Jode Norton Trimble, chief communications officer for the Ohio Department of Children and Youth. “The DCY team will continue to support these county agencies as they make improvements, and we continue to collaborate with legislators to identify ways to better protect all children in Ohio.”
Clark County
The state found four areas of non-compliance in Clark County, which is where Hershall’s guardian lived when the case was opened.
Clark County’s non-compliant areas included:
- Failing to take into consideration Hershall’s disability and his inability to communicate when making the decision to screen out a report that Hershall had injuries.
- Failing to have face-to-face contact within four working days from the date a referral was screened in.
- Not interviewing or not attempting to interview Kendrick during an alternative response assessment.
- Not documenting safety assessments in a timely manner after face-to-fact contact and not recording assessments within the required three working days.
As a result of the review, Clark County staff who conduct alternative response assessments should take training from the Ohio Child Welfare Training Program and Ohio DCY staff about safety and family assessment timelines and requirements. Training should be scheduled within 30 days of receiving the report.
Screening and assessment staff also should participate in training for safety and risk assessments specific to youth with disabilities. Clark County should schedule the training within 30 days of securing training resources.
Once both courses are finished, staff will review assessments and investigations to examine the application of the training. This will happen within 60 days of completing the training.
Montgomery County
Montgomery County failed to complete a waiver by the end of an investigation since it was impossible to interview Hershall due to his death.
Ohio DCY recommended Montgomery County review the Ohio Administrative Code regarding time frame extensions for completing or waiving the completion of assessment and investigation activities.
Montgomery County Administrator Michael Colbert noted the Ohio DCY’s report found children services followed all requirements for intake and referral.
“We want to be clear: the proper agency was immediately notified for every report we received,” he said.
“Our hearts continue to go out to the family and loved ones of Hershall Creachbaum,” Colbert added. “We remain committed to protecting the safety and well-being of children in our community, and we value the role independent reviews play in strengthening the systems meant to protect them.”
Lawsuit ongoing
Hershall’s estate filed a lawsuit in October claiming Montgomery County and Clark County officials and agencies were negligent in the boy’s death.
The complaint alleges staff at Ruskin Elementary School reported signs of physical abuse to Montgomery County Children Services and Clark County Children Services 24 times but neither agency took action to investigate the claims or to protect Hershall.
It is not clear if the Ohio Department of Children and Youth Services reviewed Clark County Children Services’ actions.
Ruskin school staff called for welfare checks on April 3 and April 4 after Kendrick reportedly came to the school intoxicated, according to Montgomery County Regional Dispatch records.
One staff member told a dispatcher Hershall’s grandmother was his legal guardian and lived in Clark County, but he had been staying with his mother for a couple of months.
When asked if they had reached out to Clark County, the staff member said they called multiple times.
“They said they couldn’t do anything unless we got a wellness check,” the caller said. “I tried to keep reporting and reporting, and they won’t help us.”
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