SCRANTON — Four current employees and a former employee of the Lackawanna County Office of Youth and Family Services are asking the state Supreme Court to review a Superior Court decision that held they could be prosecuted on child endangerment charges.

Through their attorneys, the five workers filed a petition for allowance of appeal after a September Superior Court ruling that stated although they could not be prosecuted on child endangerment charges, they could be prosecuted on charges of failing to report child abuse.

Sadie O’Day Coyne, Amy Helcoski, Erik Krauser, Bryan Walker and Randy Ramik were charged in June 2023 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 defense attorney Curt Parkins, then representing the five defendants named in the case.

The ruling concluded, “The charges relating to Appellees’ specific failure to report child abuse does not implicate the exercise of discretion in the provision of protective services. As mandated reporters, Appellees had a compulsory duty to report suspected child abuse, including serious physical neglect. … We find no plausible argument that … exempts Appellees, five mandated reporters, from criminal liability for disregarding their statutory obligation to report suspected child abuse.”

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.”

Lackawanna County District Attorney Brian Gallagher said he intends to file a response in opposition to the petition requesting the case be heard before the state Supreme Court.

“I believe the Superior Court’s decision appropriately recognizes that caseworkers who knowingly fail to fulfill their mandated duty to report suspected child abuse cannot hide behind immunity. Although we are frustrated by the further delay this petition will cause, we will avail ourselves of the legal system and be ready to swiftly proceed when a decision is made by the Pennsylvania Supreme Court,” he said.

Helcoski, Krauser, Coyne and Walker are on paid administrative leave. Ramik has retired, according to Lackawanna County Communications Director Patrick McKenna.

“All of those charged are responsible for their own legal bills,” McKenna said.

Originally Published: October 14, 2025 at 11:11 AM EDT