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Trial testimony continues

Child found naked outside last spring

Delta County Probate Court Judge Robert Goebel Jr. presides over a civil trial Monday involving the rights of parents of two girls who were removed from their home in Rapid River last spring after one child allegedly wandered naked outside during below-freezing temperatures. Also pictured are the childrens’ attorney, Jayne Mackowiak, at left, questioning neighbor Linda Frisk. (Escanaba Daily Press photo by Jenny Lancour)

ESCANABA — During a trial on the parental rights of the child’s mother and father Monday in Delta County, a Rapid River woman testified about her son finding a frail, 3-year-old girl naked outside during below-freezing temperatures on St. Patrick’s Day.

“It was cold, about 30 degrees and lightly snowing,” recalled Linda Frisk whose son, Kyle Frisk, brought the naked and dirty girl to her house after finding the child curled up in snow in a nearby field. Kyle’s dog, Peanut, had alerted him to the youngster being outside that morning.

Linda Frisk was among six witnesses who testified in probate court Monday during the civil trial of Michael Lavoie, 31, and Tammy Fryer, 30, whose two daughters, ages 3 and 5, were removed from their unsanitary home on March 17 after the 3-year-old wandered away that morning.

Shortly after, Lavoie and Fryer’s parental rights were taken over by the court due to reports of their home being unsafe and unsanitary as well as reports of physical neglect and improper supervision of the two girls, who are both developmentally delayed.

The joint trial began in probate court June 7-9 and resumed Monday to accommodate the schedules of experts who will be presenting psychological evaluations of the four family members later this week.

During the hearings in June, witnesses who took the stand included the parents, relatives, medical professionals, DHHS workers, a teacher, and neighbors of the family including Kyle Frisk, who had recounted how his dog frantically barked to go outside that morning.

During Linda Frisk’s testimony Monday, she said the child had whitish-blue skin and was very frail and filthy when her son brought the girl, now age 4, into her home. Frisk sat in her rocking chair with her arms around the child while her son heated up blankets in the dryer to wrap around the girl.

Emergency personnel were dispatched to the residence. When local first responders arrived about 15-20 minutes later, they placed heat packs on the girl. When her temperature was taken, it was 94 degrees, Frisk recalled, noting the girl had no signs of blood or trauma.

“She was very cold. She was very dirty,” the witness added.

When law enforcement arrived, Frisk told the sheriff’s deputy that she had never seen the girl and didn’t know who she was, later finding out the child lived right across the street from her home in Rapid River for nearly two years.

During Monday’s court proceeding, Frisk answered questions from Jayne Mackowiak, the two girls’ court-appointed guardian, who filed a petition in April to have the parental rights taken away from Lavoie and Fryer. The two sisters have been under the care of foster parents since they were removed from their home four months ago.

Fryer’s attorney John M.A. Bergman, Lavoie’s attorney Katie Clark, and Delta County Prosecutor Philip Strom are seeking reunification of the family in a safe and sanitary home environment under court supervision.

According to testimony from June’s court proceedings and Monday’s hearing, the parents have undergone counseling, are enrolled in parenting classes, and have found a new apartment in Escanaba.

Reports filed by the Department of Health and Human Services and the Delta County Sheriff’s Department, stated the family’s home in Rapid River was described as being unfit for the children to live in due to filth, clutter and unsanitary conditions.

The home was littered with food, garbage, diapers, cigarette butts, clothing and other household items. Both human and animal feces were also present and rodents were suspected to be in the house. The upstairs residence, where the family lived, was also under construction posing additional safety concerns.

According to the child protective proceedings to remove the children from their residence, “The home was observed to be cluttered, filthy and unmanageable. The home presents a significant risk of harm to the children due to their ages and development. The family has a history of abuse and neglect, specifically regarding physical neglect and improper supervision. The home has been observed in this condition on other occasions.”

The petition for the child protective proceedings noted the older daughter was found on the home’s roof during the summer of 2015 and the parents did not know of her whereabouts.

Probate Court Judge Robert Goebel Jr. is presiding over the case and will hear more witness testimony throughout the week before deciding if there are legal grounds for the parental rights to be taken away from Lavoie and Fryer.

Additional witnesses who took the stand Monday included a DHHS employee who found a foster care home for the two girls and helped create a case service plan for the family.

Kim Boucher, a children services worker, said the family’s needs were prioritized after reviewing the DHHS case on the children and meeting with the parents to review available services.

The family’s greatest needs are to have a suitable and safe place to live, for the father to find employment, and for Lavoie and Fryer to be taught parenting and budgeting skills. Other priorities include addressing the mental health needs of the parents and continuing special education for the children, Boucher said.

“We’re trying to make sure we’re meeting all the needs of the children,” she added, noting the parents have been “engaged and very cooperative” in the process.

In addition to attending parenting class once a week, Lavoie and Fryer meet with their children during parenting time twice a week. The father is actively pursuing work and the mother is undergoing treatment for depression.

Boucher said Lavoie and Fryer are “very motivated to be reunified with their children.”

However, she recommended the children remain in foster care while the parents take time to make changes in their own lives to eliminate the barriers to reunification and benefit from local services.

More witnesses were scheduled in probate court Tuesday. In addition, Judge Goebel and the attorneys — who visited the family’s current residence in Escanaba on Monday afternoon — will make comments on what they observed.

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