2 CARROLL CHILDREN TO STAY IN FOSTER CARE FOR NOW

2 CARROLL CHILDREN TO STAY IN FOSTER CARE FOR NOW

August 31, 1993

Janice Haidet

Dayton Daily News

Two Carroll children, who were removed from their Cedarville home where four others died suspiciously, will remain in foster care at least three more weeks.

Visiting Judge Richard T. Cole on Monday took action on a number of matters involving the family, but refused to grant an emergency hearing on returning the children home despite allegations they are getting inadequate care in foster homes. A custody hearing is set for Sept. 20.

"I don't think that some of the allegations that have been made have any merit," said Greene County Assistant Prosecutor Suzanne Schmidt, who represents the county Children Services Board. The agency has custody of Samuel Carroll, 5, and Isaiah Carroll, 11.

John H. Rion, attorney for adoptive mother Kathleen Carroll, and court-appointed child advocate Stephen A. Bogenschutz last week asked for an emergency custody hearing.

They sought the return of the removed children to the Carroll family after head lice and flea bites were seen on Samuel, and after Isaiah became faint during a visit outdoors in 90-degree heat.

Cole ordered the two boys removed from the home Aug. 17. Reasons for that decision became public Monday. Acting on an earlier request filed by the Dayton Daily News, Cole unsealed that order, along with all other Greene County Juvenile Court records involving the custody issue and the criminal case involving James Carroll, 17.

James is charged with delinquency by reason of involuntary manslaughter in connection with the bleach-burning death of an adopted sister, Hannah, 6, last September.

In his earlier order, Cole said he allowed James and Hosea, 10, to remain in the home but removed Samuel and Isaiah because of "the type of constant care and physical supervision" they need. Samuel has Down syndrome and Isaiah has a cerebral palsy-like disorder that prevents him from walking or speaking.

The judge, who noted that each of the dead children "had serious mental or physical problems or both," said the removal of Isaiah and Samuel was "appropriate and necessary at this time to assure that there not be another tragedy."

Cole said that Mrs. Carroll and her husband, Timothy, "are loving parents."

Professionals have complained that the family is resistant to outside help. Mrs. Carroll has said she is skilled in providing at-home therapy for her children and doesn't need the help.

Cole also ordered Monday that:

*The Carrolls will be allowed two visits per week, each visit an hour and a half long, with Isaiah and Samuel. That's one visit more and a half hour longer than Children Services normally allots to separated families. The Carrolls had requested daily visits.

*Although James is under house arrest until his Sept. 20 trial, he will be allowed to accompany his parents once a week to visit with Samuel and Isaiah.