The judicial landscape in Lackawanna County is poised for change as District Attorney Brian Gallagher awaits a Pennsylvania Supreme Court decision before proceeding with charges against five individuals associated with the county’s child protection services. This legal pause comes as the employees seek to overturn a Superior Court ruling.
The Superior Court recently granted Gallagher the ability to pursue charges against the employees for failing to report abuse, yet they remain shielded from endangerment charges. Gallagher stated, “Once they make that decision, well, we’re then going to proceed with the case.” He added that if the Supreme Court reverses the lower court’s ruling, the prosecution would cease.
Who are the employees?
The individuals involved include caseworkers Amy Helcoski, 52, and Erik Krauser, 48, as well as supervisors Sadie Coyne O’Day, 36, and Bryan Walker, 53. Randy Ramik, 61, a retired caseworker, is also implicated. Previously, a county judge determined they were immune from endangerment charges under state law designed to protect child protective workers.
The Superior Court’s judgment highlighted that while child protective workers have immunity, it does not extend to failing to report abuse, a key component of their duties.
The Supreme Court appeal
Attorneys for the accused have petitioned the Supreme Court to review the Superior Court’s decision. Gallagher, meanwhile, plans to counter this appeal but will not dispute the immunity regarding endangerment charges. He remarked, “We believe the Superior Court got it right.”
Curt Parkins, representing the defense, urged the top court to consider the case, arguing that removing “absolute criminal immunity” might impair caseworkers’ ability to exercise “good-faith professional judgment.” He expressed concern that the ruling would lead to unnecessary reporting, thereby shifting focus from remedial services to self-protection.
Parkins emphasized the necessity for a “definitive resolution” from the Supreme Court due to the Superior Court’s distinction on immunity.
How this all started
The legal proceedings began in July 2023 when former District Attorney Mark Powell charged the five with endangerment and failure to report abuse. By January 2024, a judge dismissed these charges, citing statutory immunity.
Despite the ongoing legal battle, Helcoski, Krauser, Coyne O’Day, and Walker remain on paid leave. The allegations against them include exposing children to unsafe living conditions and neglecting to act on reports of abuse, which resulted in a provisional license for the county agency. However, the agency regained its full license in December following a settlement.
