The Lackawanna County district attorney opposes a request by Office of Youth and Family Services workers for the state’s highest court to review their case.
District Attorney Brian Gallagher filed a petition Monday challenging the request by four current employees and one retired employee of OYFS, who want the state Supreme Court to review a Superior Court decision that held they could be prosecuted on charges related to failing to report suspected neglect and abuse.
The district attorney’s office also asks the state Supreme Court to overturn the Superior Court’s decision that the workers are legally immune from prosecution on child endangerment charges.
“It’s my responsibility to fight for the families and children of Lackawanna County,” Gallagher said. “Their health, safety and welfare is paramount to law enforcement and we will continue to hold those who have been entrusted with their care accountable.”
Case works through courts
The case goes back to June 2023, when Sadie O’Day Coyne, Amy Helcoski, Erik Krauser, Bryan Walker and Randy Ramik were charged with child endangerment and failure to report. Lackawanna County Judge James Gibbons dismissed the charges in January 2024, citing state law that protects OYFS workers from prosecution in the course of their duties.
In February 2024, then-District Attorney Mark Powell filed an appeal of the decision, writing, “the ruling gives permission to every child protective services worker in the commonwealth to ignore their responsibilities without fear of any legal consequences. It’s wrong and it cannot stand. Our children deserve better.”
In March, a three-judge panel of the state Superior Court heard arguments from Deputy District Attorney Sara Varela and a defense attorney representing the five defendants named in the case.
In a split decision issued in September, the Superior Court held that workers cannot face child endangerment charges but can be prosecuted on charges of failing to report child abuse.
In October, the five workers filed a petition for allowance of appeal, asking that the state Supreme Court review the Superior Court’s decision that they could be tried on failure to report charges.
In asking the state Supreme Court to review the case, lawyers for the five workers argued that allowing them to face criminal prosecution for their good faith actions “exposes diligent, good faith caseworkers to criminal liability for their in-moment professional judgements.”
DA: Failing families for years
Gallagher included excerpts from police affidavits in the petitions to the state Supreme Court filed Monday.
The affidavits allege the workers failed to properly respond to eight children living in three different homes by ignoring bug-infested and feces-fouled conditions, injuries and lack of food, medical care and schooling, and reports of physical and sexual abuse.
Among the examples provided in the brief are one worker who repeatedly responded to a filthy residence where a parent routinely abused alcohol. The worker, however, repeatedly attempted to close the case.
In another case, a caseworker was called to a residence after police officers found deplorable conditions, with animal feces throughout the apartment, cat litter covering the floors and two children, who appeared to be disheveled with matted hair.
Although the caseworker returned to the apartment multiple times, the children were not immediately removed from the house or provided with services, according to the affidavit.
The mother would later tell investigators she had reached out to OYFS for help and services, but none were provided.
In arguing that the state Supreme Court review the Superior Court’s decision disallowing prosecution of the five workers on charges of endangering the welfare of children, Gallagher wrote, “The OYFS employees were charged (with endangerment) because they endangered the welfare of the children ‘by violating a duty of care, protection or support.’ They did this by observing the deplorable and dangerous conditions the children were living in and not doing anything about it.”
Gallagher added that the original charges were proper and the workers were not immune, according to state law.
Helcoski, Krauser, Coyne and Walker are on paid administrative leave. Ramik has retired, a spokesperson for Lackawanna County indicated in September.