A Butler County couple accused of abusing their children by fabricating medical symptoms should be reunited with the youngsters, but the process will be court-supervised and the children will remain in county custody.
In a four-page order drafted by juvenile court master Joseph Brydon and signed yesterday by Butler County Judge Thomas Doerr, Brydon found the children of Mannie and Ron Taimuty-Loomis to be "dependent."
The finding was made despite Brydon's concurrent finding that neither parent had abused the children but that they were caught up in the medical community's confusion about whether and how to treat them.
Attorneys on both sides called the verdict "unusual" and "a compromise." And lawyers for the parents said they will file a motion today asking Doerr to reconsider.
Mannie Taimuty-Loomis said last night she feels victorious in that she was cleared of child abuse allegations but that it's a Pyrrhic victory in light of the fact that she is not yet reunited with her children.
"There's no child abuse, no Munchausen syndrome by proxy. But we were hoping we'd be together today and we wouldn't have to wait one more day," she said.
Her husband, Ron, echoed her sentiments.
"It's very confusing. We're elated that there's no finding of abuse, but why don't we get our children back?" he asked.
Brydon went to great lengths in his opinion to note that he found no evidence of abuse.
"This finding of dependency is not in any way associated with an abuse finding. ... [It] relates to the individuality of the parents, the interplay of circumstances and events which happened beyond the control of the parents, and further to the interplay of the opinions, testing results, and treatments of the numerous medical institutions and individuals of the medical profession that were involved in this case," Brydon wrote.
He noted that the "confusion" caused the parents to make choices "found not to be effective choices for the best interests and welfare of the children," though he wrote that he doesn't fault the parents for those choices.
He said the circumstances demand "a structured and yet expedited reunification" but that the reunification will be best accomplished with the aid of a county-subsidized "consultant/coordinator ... who is competent in sociological and psychological matters."
A "permanency" hearing is to be held within 10 days before Brydon to set a formal plan for reunification, though Brydon notes in his order he expects full custody of the children will be restored to the parents within nine months.
In the meantime, the parents will be allowed eight hours of visitation with the children each week, four of which will be supervised.
Brydon said physical custody of the children will be given to their parents by the end of the school year or within 20 days if the parents are able to arrange transportation to school.
The children -- Ezra, 7, Adia, 5, and Symia, 2 -- are residing with foster parents in Clarion County. Ezra and Adia are attending Clarion County schools.
Neither attorneys for the parents nor for Butler County Children and Youth Services were satisfied by the decision.
CYS Solicitor Dan Houlihan commented: "I think we all feel the same way. Nobody got everything they wanted, but everybody got a little. It's a decision that reflects the complicated and intricate nature of this case."
Houlihan acknowledged the verdict is unusual in that "the master goes to some length to say there's no abuse" and in that he is informing CYS before the permanency hearing of an envisioned end to supervision within nine months. The time frame for supervision usually isn't set until the permanency hearing.
Jennifer Gilliland-Vanasdale, attorney for the father, called the verdict "a compromise without legal merit. ... It's a victory for us in that the parents were found to be not abusive; there's no fault to the parent. But, unfortunately, this decision allows the county judicial system to oversee this family for the next nine months."
Mildren Sweeney, attorney for the mother, said Brydon's order "fails to conform to the law."
The case was extraordinary for its length -- 15 full court days -- its complexity and its contentiousness.
Doctors for CYS said the children were healthy and that the mother has Munchausen syndrome by proxy, which compelled her to fabricate intricate medical symptoms leading to unnecessary and dangerous medical interventions.
CYS contended Ezra and Symia, who were described by the mother as near death, became healthy, normal children once they were put in foster care. Adia never presented health problems.
Doctors said the parents are normal and that Ezra has a rare genetic disorder called mitochondrial disease that often runs in families and was listed as the likely cause of death for his older brother, Jonah, who died in 2001 just shy of his 3rd birthday.
