Evidence presented in neglect case
ESCANABA — The court-appointed guardian of a 3-year-old found lying naked in a ditch in Rapid River on St. Patrick’s Day, presented more evidence in court Thursday on the former living conditions and health of the girl and her sister, who remain under foster care.
Local attorney Jayne Mackowiak filed a petition in probate court earlier this month requesting the court have jurisdiction over the children and requesting the court terminate the parental rights of the father and mother — Michael Lavoie, 31, and Tammy Fryer, 30.
The parents are scheduled for a civil hearing on June 7-9 in Delta County Probate Court as a result of a petition filed last month by County Prosecutor Philip Strom requesting the court have jurisdiction over the children.
During Thursday’s preliminary hearing on Mackowiak’s petition, Judge Robert Goebel Jr. admitted 13 of 15 exhibits which the attorney presented for evidence.
Exhibits included the conditions in the family’s home as reported by the Department of Health and Human Services (DHHS) and the Delta County Sheriff’s Department, photographs of the children, a statement from the girls’ dentist, and comments from neighbors in Rapid River.
A report from a local janitorial service which cleaned a Gladstone home after the family had moved out in 2015 was also admitted by Goebel, who described the comments as “highly relevant” to the court case.
The janitorial report said the cleanup was the worst the company had ever encountered, citing very unsanitary conditions in the home including animal and human feces on the floors and walls.
Items not admitted by the judge Thursday included a private investigator’s opinion on information he gathered from various sources and a statement from a Gladstone resident who was the family’s neighbor when they lived in Gladstone.
Mackowiak and Strom’s petitions will be considered concurrently during the parents’ civil trial in June when a jury will decide if allegations of neglect and abuse against the couple are true. If one or more of the allegations is determined by the jury to be true, the court will be granted jurisdiction over the children.
A dispositional hearing will then be held to determine if there are legal grounds for the parents’ rights to be terminated and if it’s in the best interest of the children to do so.
Another option — which the parents’ attorneys are seeking — is for the courts and DHHS to work together with the parents to create a plan to make the family’s home fit their children.
Prior to the civil trial in June, the parents and the two girls will undergo individual evaluations with the results being presented at the jury trial.
Following Thursday’s hearing, Strom said the criminal investigation remains ongoing, noting the outcome of the probate court proceedings could make a difference on whether or not criminal charges are sought.
According to the sheriff’s department, the neighbor who found the girl lying naked outside on March 17 during 32-degree temperatures was alerted about the child by his dog, Peanut. After finding the girl curled up in a ditch, the family called 9-1-1 which dispatched a sheriff’s deputy and an ambulance to the scene.
After locating the child’s parents at their home nearby, the girl was checked over by medical personnel at OSF St. Francis Hospital Emergency Room and later placed under foster care along with her 5-year-old sister.
An investigation by DHHS and the sheriff’s department found the Lavoie/Fryer home to be unsanitary and unsafe.
Reports from the two agencies described the home in a very filthy state and cluttered with food, garbage, diapers, cigarette butts, clothing and other household items. Both human and animal feces were also present. Rodents were suspected to be in the house.
The initial DHHS petition requesting to immediately remove the two girls from their home also stated, “the family has a history of abuse and neglect, specifically regarding physical neglect and improper supervision.”
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Jenny Lancour, (906) 786-2021, ext. 143, jlancour@dailypress.net