Settlements set in federal lawsuit involving slain child

Four siblings of a slain foster child could receive a total of $150,000 under settlement agreements reached in a federal lawsuit.

Another $140,000 could go to the child’s mother.

Morgan Charles, the mother of the 7-month-old child known as Baby Boy Charles, and her father, Christopher Charles, filed the lawsuit in 2007 against Clark County and the county’s Department of Family Services.

"I think that it’s a complicated situation, and it’s a result that my clients are satisfied with," said Las Vegas attorney Marjorie Hauf, who represents the plaintiffs.

Christopher Charles, who never met his newborn grandson, sought custody of the infant after his daughter gave birth and decided she could not care for the baby.

"Legally he was Baby Boy Charles, but to her he was Alexander," Hauf said.

Also named as defendants were Melanie Ochs, the 43-year-old foster mother who is serving a sentence of 20 to 50 years in prison for murdering the infant, and her husband, Laurence Tokarski.

According to a joint status report, filed July 21 in U.S. District Court, Clark County has agreed to recommend that the Clark County Commission settle the claims for $150,000 and pay $20,000 in costs.

According to the report, the $150,000 would be divided among Morgan Charles’ four other children: Chelsea Charles, 4; Faith Wills, 9; Matthew Moore, 11; and Erin Moore, 12.

Christopher Charles, who lives in Indiana, is Chelsea’s legal guardian. Chelsea was born while her mother was behind bars. The 30-year-old woman has served time in prison for burglary.

Hauf said Morgan Charles now lives in Indiana and is participating in Chelsea’s care.

"She’s really got her life on track," the lawyer said. "She’s working. She’s established herself in that community."

Hauf said Morgan Charles has no contact with her three other surviving children.

According to the status report, two insurance companies have agreed to pay Morgan Charles $100,000 to settle the claims against Ochs and Tokarski, who were dismissed from the case last week.

Another defendant, Maple Star Nevada, has agreed to pay Morgan Charles $40,000. According to the lawsuit, the Department of Family Services contracted with Maple Star for the provision of foster care services, which included placing children with foster parents and monitoring children in foster care.

According to the status report, Hauf is attempting to locate Faith’s father, Brian Wills, to inform him that Faith will be a beneficiary of the settlement and to set up for her a blocked trust, one typically created for minors to prevent improper use by their parents.

"Plaintiffs’ counsel has contacted the adoptive parents of Morgan Charles’ other two children, Erin Moore and Matthew Moore, to inform them that they will be beneficiaries of the settlement and to set up a blocked trust account for them," according to the status report.

According to the lawsuit, the county and Maple Star put Baby Boy Charles in a dangerous situation "when they placed him and allowed him to remain in the foster home of Melanie Ochs and Laurence Tokarski."

The infant died Aug. 4, 2006, of head trauma.

The county and Maple Star also failed to provide proper supervision and protection for the infant while he was in the foster home, according to the lawsuit.

In addition, according to the document, Clark County failed to provide training to foster care social workers and supervisors regarding the investigation and licensing of prospective foster parents, the selection of foster parents for particular foster children, and the supervision of foster children in foster homes.

The lawsuit accused Ochs and Tokarski of "failing to ensure that Baby Boy Charles was kept in an environment safe and secure for a child of his age, so that he could be returned to his mother pursuant to reunification efforts that should have been conducted by DFS and its caseworkers."

Hauf said the lawsuit brought serious concerns to light, and she hopes it has helped improve the county’s foster care system.

"When you can bring these issues to public attention, it causes people to behave better," she said.

Contact reporter Carri Geer Thevenot at cgeer@reviewjournal.com or 702-384-8710.