Date: 1996-04-03


April 3, 1996
Janice Haidet Morse
Dayton Daily News
Kathleen and Timothy Carroll, who saw four of their 10 adopted children die mysteriously in 1992-93, want the Children Services Board out of their lives, and argued that point and others in a hearing Tuesday in Greene County Juvenile Court.

The Carrolls, of Cedarville, have been on probation since January 1993, when they pleaded guilty to child-neglect charges in connection with one of the deaths. They argued unsuccessfully to have that probation lifted in April 1994. The juvenile court will consider the issue again this month. Two handicapped children, Isaiah, 13, and Samuel, 8, are attending public school under a court order. The Carrolls' appeal of that order is pending in the Ohio 2nd District Court of Appeals. No date for oral arguments has been set.

The couple's lawyer, John H. Rion, characterized the issues as an effort "to end government intrusion" in the Carrolls' lives.

But Suzanne Schmidt, an assistant county prosecutor representing Children Services in the case, sees the battles as necessary to ensure the well-being of the three children who live in the Carroll home. The children had been removed from the home and placed in foster care for a year and a half. A decision from Visiting Judge Richard T. Cole is expected soon, possibly within 10 days, lawyers said.

Isaiah, who has a cerebral palsy-like disorder that impairs his speech and movement, attends Cedarville schools and has missed 27 days and has been tardy five times since school began in August, Schmidt said. Schmidt cited Xenia school records showing that Samuel, who has learning and motor difficulties arising from Down syndrome, missed 46 days and was tardy 17 times this school year.

Rion, however, counters that such absenteeism is not all that unusual, particularly among disabled children who might have weakened immune systems that make them more susceptible to colds and flu. He also suggested that a large percentage of the absences could be attributed to the children's scheduled therapy sessions.


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