Charges not pursued in previous Lackawanna County Office of Youth and Family Services probe referred to state AG

Jun. 29—The office of then-state Attorney General Josh Shapiro declined to prosecute a former Lackawanna County Office of Youth and Family Services employee nearly two years ago, a prosecutor once connected with the case said.

The Lackawanna County district attorney's office referred an inquiry centered on the county agency to the attorney general in January 2021, District Attorney Mark Powell said. A police investigation that began in 2019 initially saw criminal charges approved by Powell's office against two former caseworkers, Louis Strazzeri and Rebecca Kashuba.

The 2021 referral, and later closure, which had not been publicly disclosed, comes amid calls in county government for a state probe of the child welfare office following Tuesday's criminal charges against five current and former staff members. The allegations are similar to those brought in 2019.

On Wednesday, Commissioner Chris Chermak and county solicitor Frank Ruggiero called for the district attorney to turn over the current investigation to Attorney General Michelle A. Henry, alleging that Powell and Scranton police have a conflict because they frequently work with the agency and a breakdown in trust could harm children. Ruggiero also said Scranton police shouldn't be the prosecuting agency because they were part of the investigations resulting in the charges.

Powell said their reasoning is an exercise in deflection.

The criminal charges brought Tuesday against the five defendants — Amy Helcoski, 50, of Scranton; Erik Krauser, 45, of Dickson City; Sadie Coyne (O'Day), 34, of Scranton; Randy Ramik, 57, of Clarks Green; and Bryan Walker, 51, of Archbald — prompted a review of the last time prosecutors accused caseworkers of ignoring deplorable conditions.

Kashuba, 32, was charged with endangering the welfare of children, false swearing and other offenses because investigators said she let children stay in an Archbald home strewn with human and animal feces.

Strazzeri, 41, Kashuba's union representative, counseled her to lie about what she saw in the house, authorities said. "Don't even admit to seeing poop," he said in a text message to Kashuba, according to an affidavit.

Attempts to reach both were unsuccessful Thursday.

Though centered on a family in Archbald rather than Scranton, the allegations made against them largely echo claims that underlie the criminal charges brought Tuesday against Helcoski, Krauser, Coyne, Ramik and Walker: children remained in dangerous living conditions and workers ignored their needs, reports of abuse and pleas for help.

About 10 months after Strazzeri and Kashuba were arrested, the case seemed to wrap up. In June 2020, at a preliminary hearing, the district attorney's office announced it would dismiss criminal charges against Strazzeri. Attorneys at the time were mum on what happened.

Pressed this week, Powell said they did so to "complete a further investigation" and obtain new information. He declined to elaborate.

That investigation seemed to remain open. By January 2021 — about six months after announcing the dismissal of charges against Strazzeri — the district attorney's office forwarded a "broader investigation" of the Office of Youth and Family Services to the state attorney general's office, Powell said.

The state prosecutor had more attorneys, more investigators and could avail itself of a statewide investigating grand jury, Powell said.

The state Supreme Court on May 10, 2021, ordered the 49th statewide investigating grand jury be convened in Dauphin County, according to an order provided by the Administrative Office of Pennsylvania Courts.

By October 2021, however, Shapiro's office replied to Powell's that it would not proceed with criminal prosecution, Powell said. State officials did not explain.

A spokesperson for the attorney general's office declined to comment. Attempts to reach Shapiro, now governor, were unsuccessful.

Kashuba was admitted to the Accelerated Rehabilitative Disposition Program, a probationary program in which a defendant's criminal record is erased upon successful completion.

Her case appears to have been expunged because the docket no longer appears in a search of court records.

This time around, Powell said, referring the investigation to the attorney general's office would have resulted in "unnecessary delay."

He credited the Scranton police for a thorough investigation, the prosecution of which was made more urgent by the near death of an 8-month-old girl in Dunmore earlier this month.

"In other words, this investigation was different," Powell said in a text message. "Time was of the essence."

Earlier this month, borough police arrested Kalina Mendoza for endangering her daughter by diluting the baby's formula with water. Though she was 8 months old, she weighed as much as a typical 2-month-old, police said.

Mendoza, 34, waived her right to a preliminary hearing in Central Court on June 20.

The baby nearly died, police said. Since she left her mother's care, she has gained more than a pound.

Mendoza had an OYFS-assigned caseworker.

The caseworker, not identified in charging documents, visited Mendoza's apartment several times since she moved to the area in March. Dunmore School District also reportedly raised concerns in April and May regarding the care of the baby's siblings.

Those in OYFS connected to her case are part of the ongoing investigation, Powell said.

Contact the writer: jkohut@timesshamrock.com, 570-348-9100, x5187; @jkohutTT on Twitter.