GREENE COUNTY RESPONDS TO CARROLLS' MOVE FOR WRIT

GREENE COUNTY RESPONDS TO CARROLLS' MOVE FOR WRIT

August 25, 1993

Janice Haidet

Dayton Daily News

The Greene County Children Services Board says the Carroll family is taking the wrong approach in fighting the court-ordered removal of two youngsters from the Cedarville home where four others died suspiciously. "The juvenile court is in a better position to determine the best interests of these children," said a motion filed Tuesday by Greene County Assistant Prosecutor Suzanne Schmidt, who represents the agency.

Schmidt's motion came in response to a petition filed Monday in the 2nd District Court of Appeals by attorneys John H. Rion and Dennis E. Gump, who represent adoptive parents Kathleen and Timothy Carroll. They've asked the appellate court to issue a writ of habeas corpus that would require the agency to bring the children who were removed to a custody hearing in that court.

By juvenile court order, Samuel, 5, and Isaiah, 11, were removed from the Carroll home and placed in emergency temporary custody of Children Services. Both 10-year-old Hosea and 17-year-old James remain in the home.

According to case laws cited by Schmidt, "a writ of habeas corpus is an extraordinary remedy and will not ordinarily be granted when there is another adequate remedy at law."

Schmidt contends the Carrolls have other options, since they can continue their battle in juvenile court. A temporary custody hearing is set for Dec. 1.

Further, Mary Ann Paloncy, Children Services executive director, said the agency was filing a case plan that leads to reunification of the family after certain steps are completed.

She said the Carroll children are going through a standard process, adding, "We don't make up the rules as we go along."

Appeals Court Administrator Mike Buenger said a panel of three of the court's five judges would consider the petition today.

Meanwhile, juvenile court officials were not releasing documents filed Tuesday because visiting Judge Richard T. Cole, whom they've been unable to reach, must see them first.

At least three motions are awaiting Cole's consideration:

* Attorney Stephen Bogenschutz, a court-appointed child advocate, has asked for an emergency hearing to discuss the care the children are receiving in foster homes. He alleges the care has been substandard, resulting in lice and flea infestation and improper clothing and equipment for Isaiah and Samuel.

Greene County Assistant Prosecutor Stephen Wolaver said Bogenschutz was "making some giant assumptions" without having adequately investigated first.

* Rion and Gump have asked for the family to be notified of any psychological or physical examination of the removed children, and to have the family's visits with them extended to two hours a day. The family now gets an hour weekly.

* The Dayton Daily News has asked for a hearing to argue for the newspaper's right of access to hearings and documents that previously were closed in the case.