This followed the tragic 2019 death of 10-year-old Takoda Collins after extreme abuse by his father. A Dayton Daily News investigation of Collins’ case exposed gaps in the system that was supposed to protect him.
“I really thought that Children Services learned from the Takoda Collins case. I guess not,” said local attorney Michael Wright in July as he announced he was hired by Hershall’s estate to conduct an independent investigation into the boy’s presumed death.
Wright said he believes Children Services failed its responsibility to protect Hershall, and other agencies also may deserve some blame for his death.
“We had legislation passed that was supposed to help fill in the gaps that would prevent this from happening and evidently it didn’t fill the gaps,” Wright said. “We know that those that are supposed to protect this child, those that are supposed to keep this child out of harms way didn’t do their job, and as a result he’s dead.”
The legislation passed in 2022 created an ombudsman office to oversee children services; mandated that county offices have a memorandum of understanding of their obligations that the state must approve; mandated that children services must disclose reports to the local, state or federal government entity; and county children services offices must follow up with reporters to let them know their concerns were investigated.
Children Services
Montgomery County Prosecutor Mat Heck said there were lots of signs that Takoda was being abused and was in danger before he was killed.
He said Children Services promised him that the agency made changes to try to prevent a tragedy like that from ever happening again.
Heck said it’s too early to know if there were any kind of similar signs of trouble in Hershall’s case.
“Now we’ll find out if (the changes) worked and if they followed the recommendations made at that time,” Heck said. “We’re sure going to find out.”
It’s not entirely clear what Children Services agency had an open case related to Hershall and his sister.
Until summer of 2024, the children lived with their grandmother in Clark County, according to family members. But then the kids and their grandmother moved into the home of their mother and her boyfriend on Xenia Avenue in Dayton. The grandmother was their legal guardian until May of this year, when probate court dismissed her guardianship because she did not file some required paperwork.
A grand jury indicted the boyfriend Michael Kendrick on two counts of tampering with evidence and three counts of gross abuse of a corpse. Hershall’s mother, Ashley Johnson, is facing one count of obstructing justice in Montgomery County Common Pleas Court.
Reba Chenoweth, a spokesperson for Montgomery County Children Services, said, “this situation is heartbreaking, and we extend our deepest sympathies to everyone affected. While this tragedy did not fall under our jurisdiction, we join the community in mourning this loss.” She said Ohio law prevents Children Services from either confirming or denying if there was a case involving the family.
An assistant prosecutor in Clark County who represents the Department of Job and Family Services said his clients have no comment at this time since it is an active investigation.
Dayton police
Dayton police in 2020 made policy changes because of the Takoda Collins case.
The department began mandating that officers complete a memo when they are called to do a welfare check in addition to contacting Montgomery County Children Services. There also must be additional follow-up by police personnel if the result of a welfare check is “no answer” at the door.
This was because police were called to Takoda’s home multiple times before his death, not always reporting those calls to Children Services and not following up when no one answered the door for a welfare check.
Dayton police also visited Hershall’s house for welfare checks the month before the boy reportedly died.
Police records say no one answered the door during the first visit on April 3 after school staff called reporting concerns of neglect. Records say police contacted Children Services and were told there is a case open.
It’s unclear if a follow-up visit was planned but police did return to the house the next day after another call from school staff was made requesting a welfare check.
Police noted that the house was orderly and had food, water and power. Records again reference the open Children Services case.
The Dayton Daily News, using Ohio public records law, requested any “memo” created by Dayton police after either visit. Dayton police provided brief summaries of how they responded to the calls, but no separate memos.
About the Authors
