Lackawanna County prosecutors can again charge child protection agency employees with failing to report abuse, but not with endangering children, a state appeals court ruled Thursday.
District Attorney Brian Gallagher said he must discuss the state Superior Court ruling with his staff and wasn’t entirely sure of next steps, but his office will probably pursue reinstatement of the charges.
Gallagher said he will decide by Monday at the latest.
County spokesman Pat McKenna said county solicitor Don Frederickson is reviewing the ruling before deciding what the county should do next.
Charge originally filed in 2023
In July 2023, District Attorney Mark Powell charged Office of Youth and Family Services caseworkers, a former caseworker and two casework supervisors with endangering the welfare of children and failing to report or refer suspect child abuse.
The caseworkers are Amy Helcoski, 52, of Scranton, and Erik Krauser, 48, of Dickson City. The supervisors are Sadie Coyne O’Day, 36, of Scranton, and Bryan Walker, 53, of Archbald. The retired caseworker is Randy Ramik, 61, of Clarks Green.
The county put Helcoski, Krauser, Coyne O’Day and Walker on paid administrative leave pending the resolution of the charges. Their status remains unchanged, McKenna said.
Charges dismissed in 2024
In January 2024, county Judge James Gibbons dismissed all the charges against the five. Gibbons ruled they have immunity from prosecution because they were doing their jobs.
Powell, now a judge, appealed to the Superior Court. He argued Gibbons’ decision would “give permission to every child protective services worker ... to ignore their responsibilities without fear of any legal consequences.”
“It’s wrong and it cannot stand,” Powell said at the time. “Our children deserve better.”
Why the arrests happened
Police who investigated found the Office of Youth and Family Services staffers allowed eight children to live in deplorable conditions with parents or guardians incapable of properly caring for them. The conditions included insect-infested homes laden with animal feces and the smell of cat urine, ignored reports of physical and sexual abuse, injuries to children and missed medical appointments and school days.
Adams County ruling a signal
The Superior Court signaled the possibility of the ruling in a July ruling on a similar case. The July ruling upheld an Adams County Court decision to grant three county children and youth agency staffers immunity from prosecution on endangering the welfare of a child charges.
In a footnote in that ruling, the Superior Court specifically distinguished the Adams and Lackawanna cases. The court pointed out the Lackawanna employees were also charged with failure to report, but the Adams employees were not.
The Adams ruling prompted Wyoming County District Attorney Joe Peters to drop charges in July against a county caseworker accused last year of endangering a badly malnourished teenager.
What's in the Lackawanna ruling
In the Lackawanna ruling, a three-judge Superior Court panel ruled Judge James Gibbons was right in ruling the five were immune from prosecution for endangering the welfare of children.
The panel cited language in the state Child Protective Services that specifically grants immunity to child protective workers.
However, the panel said immunity only applies to workers doing their jobs, including if they report abuse, but not if they don’t report it.
The licensing case
Shortly before the arrests, state regulators revoked the Office of Youth and Family Services full license and issued a provisional one.
The agency regained a full license in December as part of a settlement agreement.
