Sunday, August 5, 2001
Child abuse is serious issue
By Jefferson Wolfe
Staff Writer
The Fostoria-based group, the Seneca County Citizens Against Child Abuse says officials in Seneca County do not take child abuse seriously, but officials say they do.
The group's organizer is Dennis Saldusky, a Fostorian. He regularly updates a website with his and other people's allegations that cases are being mishandled by the courts and human services.
The group has about a dozen members, Saldusky said.
On his website, and in meetings, he recently has alleged that Judge Steve Shuff's magistrate who handles domestic relations cases, Arthur Graham, has made mistakes and does not follow the law.
Shuff has received no complaints from attorneys and none from the parties, except for those who have not prevailed in court.
"Knowing what I see in the paperwork, yes, he's complying with all the rules and laws of the state of Ohio," Shuff said of Graham.
"I've got a lot of respect for Art Graham," said Tiffin attorney Dean Henry. Although Henry and Graham do not always see eye to eye, Graham has always been professional, Henry said.
There has been only one problem between the two, Henry said, and that was when Graham first started as magistrate.
It was resolved professionally, he said.
"I think (Graham) runs a very efficient court," said another Tiffin attorney, John Kahler, who, at one time, represented Saldusky's ex-wife Betty.
"I don't think any of these allegations (Saldusky) is making have any merit," Kahler added.
Shuff has taken over from Graham as judge in Saldusky's case. Since Shuff took the action, Saldusky is happier with the results.
"Where we stand now is better than where we had been," Saldusky said.
Graham declined to be interviewed for this story; however Shuff spoke on his behalf.
Many of Saldusky's complaints have been posted to his website, www.child.freehomepage.com.
One of them concerns his own visitation privileges. He said he only has custody of his daughter four times a month, and he wants more time. However, court documents show that he and Betty consented to all the custody agreements. Both parties and their attorneys signed the documents.
Now, Saldusky and his wife are going through a mediation process. He wants equal custody of his children and Shuff agreed, Saldusky said.
"That's what I've been after, that's what I'm going after," he said.
Saldusky also alleges his ex-wife abused their children and that the court did nothing. However, no abuse was found according to a guardian ad-litem report, or in two other investigations, court documents show.
Saldusky claims that Graham suppressed the report of the guardian ad-litem, Mark Krotchka. He claims a report in the case file signed by Krotchka is not the same one that was prepared.
Saldusky repeatedly has claimed that Graham said he would not allow the guardian ad-litem to have any impact in the case. Saldusky states Graham would not allow the guardian ad-litem for his children to speak in court. Saldusky insists this violates the law because the guardian is supposed to represent the best interest of the children.
However, the report was admitted for consideration by the magistrate, whether or not the guardian spoke.
Saldusky further alleges his wife was not required to pay her half of the guardian ad-litem fee.
The total fee is $500, and each party was required by court order to pay half, Shuff said.
The guardian ad-litem was allowed to go over budget in this case, and was paid an extra $500 from a fund established by the county for that purpose, Shuff said.
Saldusky has testified he has pictures showing his daughter was bruised in her chest from his wife poking her. Saldusky alleges the pictures were suppressed by Graham.
However, according to court documents, the pictures do not show the child's head, so there is no way to know who the child is, Shuff said in the hearing.
Another member of the coalition, Sherry Borer, says Graham does not listen. Her daughter has a case before Graham.
"He just plain seems to not care," Borer said.
Graham has not taken visitation rights away from her daughter's ex-husband, despite the wishes of the children, she said.
"He will not listen," Saldusky said. "He did the same thing to us."
"I think that Judge Graham is a very careful listener in the courtroom," Henry said. "I have never found him to be inattentive."
Graham has a very forceful demeanor, but he is a keen listener, Henry said. People may think he is not listening because he isn't doing what they want him to, he said.
Graham is famous for taking lots of careful notes during cases, and that note-taking is evident when he writes an entry in a contested case, Henry said.
"I can't say he doesn't listen," Kahler said of Graham. In some instances, a client may want to enter into evidence something that the judge doesn't think is relevant, he said.
"Obviously, I've disagreed with him before on points of law, but I can say that with all our judges in town," Kahler said.
An example of Graham's attention to detail, Henry said, is Graham's careful examination of Civil Protection Order requests before he grants them. A CPO can be like a mini divorce, where one person gets custody of the children, child support and the right to a house. A CPO should not be granted without careful study, he said.
Saldusky also alleges that the Seneca County Department of Job and Family Services, which investigates claims of child abuse does not do anything and does not follow up on claims.
Nancy Harvey, that organization's director, said that confusion arises from the fact that the department does not discuss cases at all for privacy reasons. Not even the person who reported the abuse is allowed to see the report a case worker compiles, she said.