Lawsuit: Warren County of Ohio

“A 5-year-old who can’t count to 10. A 3-year-old taken away from his parents after a skull fracture at just a few weeks old.

A 7-year-old who had four surgeries before he turned three. A 2-year-old it took years to potty train.

A 5-year-old with PTSD after being burned with cigarettes. A 14-year-old scared to be left alone.

These are some of the damaged children in the Warren County foster care system.

The parents who adopted them have filed a class-action lawsuit accusing Warren County officials of lying about the amount of money they can receive and manipulating financial support they do provide so the county doesn’t have to spend its own money.

According to the lawsuit, Warren County provides the lowest subsidies after adoption in Ohio. About 40 percent of the 162 families eligible for such benefits in the county receive $0, the lawsuit states.

Another 40 percent receive $250 a month or less.

Warren County officials have long boasted about being frugal with taxpayer money, and the county made national news earlier this decade for its lack of debt.

But they say this lawsuit has no merit.

In asking the court to dismiss the lawsuit, the county said there are no laws saying children are required to receive ongoing assistance after adoption and they shouldn’t be asked to fund vacations and other costs typically associated with adding a child to a family.

Adoption advocates say it is normal for families to receive less money after adoption than while fostering.

Warren County attorneys say the lawsuit stems from a misunderstanding of adoption assistance law and that all families agreed to their subsidies.

The lawsuit, filed in March, started with two families. It’s grown to include seven – and many more children.

One of those is 14.

She is scared to be left home alone and paranoid about making sure the doors are locked. She sometimes has panic attacks even when her new family is around.

Before she was adopted three years ago, while still in the custody of her biological parents, this young girl was sexually abused by multiple men.

When she was a foster child, the county gave her foster parents at least $750 a month. This meant her adoptive mother could work part-time and spend more time with the girl.

So she wasn’t alone.

But with no financial support after she was adopted, her parents couldn’t afford to send her to the private, all-girls school they hoped will help her feel safe. They can’t even buy her spirit wear for the school she does attend.

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She plays some sports, but the competitive swim team she loves costs too much money now. And the bills keep coming in.

The teen was recently diagnosed with depression, according to the lawsuit, and she will need braces soon.

The family’s attorneys say her story – and an unwillingness to help at the center of it – is typical for Warren County.

Attorney Aaron Glasgow, who representing Warren County, said the state provides an opportunity for a hearing about concerns regarding assistance, a mediator for negotiations and the ability to re-negotiate a subsidy with the county every year.

“Plaintiffs have simply chosen to ignore the administrative remedy,” Glasgow wrote in court documents.

But one family said the county refused to meet with them because they brought an attorney to a meeting about financial assistance.

Another family, who does receive money, said they felt threatened when they asked for more.

A third family said they were too scared to take any other steps.

“The folks adopting (these children) are saints performing a tremendous public service,” said Attorney
Al Gerhardstein. “They deserve all the support they are entitled to under federal law.”

Magistrate Judge Karen Litkovitz dismissed claims about a violation of constitutional rights, but ruled the lawsuit could proceed. Gerhardstein called it a victory for his clients.

Both sides have until Monday to file formal objections.

Addicted, abused and unable to count: a federal lawsuit about damaged kids in Warren County

[Cincinnati Enquirer 7/12/18 by Keith BieryGolick]

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