Bittersweet Justice: Daniel Alan Yolinsky

Occasionally there is justice for those negatively affected by the child welfare and adoption systems. Unfortunately, it is usually bittersweet and much too late. This will serve as REFORM Talk’s justice files.

“The family of a teenager who drowned in the Delaware River while under the care of a group home in Warren County has settled a wrongful death lawsuit for $1.5 million, court records show.

The agreement in the suit over the 2007 death of 19-year-old Daniel Alan Yolinsky “pales in comparison to the value of someone’s life to a family,” said Arthur Russo, attorney for Yolinsky’s father.

“I think this family went forward more in principle than for monetary gain,” he said today. “While they will receive a substantial sum and a satisfactory settlement, there will never be complete satisfaction when you lose a child.”

The financial terms of the settlement, which was reached late last year with The Mentor Network and New Jersey Mentor, were subjected to a confidentiality agreement, preventing attorneys from discussing the value. Court records, however, were not sealed in the case.

Documents obtained today from New Jersey Superior Court in Belvidere indicate the two sides agreed upon the $1.5 million settlement on Oct. 25. The heirs of Yolinsky remain involved in a series of court proceedings, which included a hearing Monday, to determine how the money will be dispersed.

In an emailed statement, New Jersey Mentor said it was unable to offer specific comment out of respect for and privacy of those involved. It did, however, offer its condolences to the family and friends of Yolinsky:

“In 2007, all of us at New Jersey Mentor were terribly saddened by the accidental drowning of a young man in our care, and we remain so today.”

A native of Edison, N.J., Yolinsky moved to the Hackettstown area about a week before his drowning as part of a program that provides foster homes to help troubled youth, his father, Ronald Yolinsky, said in the days that followed the incident.

Then located in Independence Township, the group home was operated by The Mentor Network, a nationwide network of human services providers, and its local affiliate, New Jersey Mentor.

According to the lawsuit, a group home employee took Daniel Yolinsky and two other group home residents on Oct. 5, 2007, to Worthington State Forest in Knowlton Township. With the employee’s permission, Yolinsky and one of the other residents went into the Delaware River and tried to swim to the Pennsylvania side, the complaint states.

A National Park Service spokeswoman said at the time that Yolinsky experienced a problem at the halfway point and floated away. He was later found submerged in 12 feet of water about 100 yards from where he started.

The lawsuit alleged The Mentor Network/New Jersey Mentor violated state guidelines in regards to such outdoor activities and at least one more group home employee should have been present the day of the drowning.

According to the complaint, the defendants also failed to “reasonably and properly provide” training to group home employees regarding the supervision of residents participating in similar activities.

Three state agencies, including the Department of Human Services and Department of Children and Families, were named as defendants in the original lawsuit. Russo said they had since been voluntarily dismissed from the case.”

Delaware River drowning lawsuit leads to $1.5 million settlement[Lehigh Valley 5/13/14 by Matthew Bultman/The Express Times]