Commissioners hire counsel for child services agency facing neglect probe

This article was funded by LebTown donors as part of our Civic Impact Reporting Project.

Lebanon County Commissioners on Thursday, Nov. 6, hired a law firm to represent Children & Youth Services following an earlier announcement by the district attorney’s office in an investigation involving that agency.

Commissioners voted unanimously last week to retain Pittsburgh law firm Tucker Arensberg in connection with a press release from Lebanon County District Attorney Pier Hess Graf’s office “regarding recent events with a Children and Youth case in Lebanon County.”

In that release, the DA’s office alleged that LCCYS  had ongoing instances of inaction and neglect. “Specifically, Detectives are investigating past and ongoing instances of inaction and/or negligence on behalf of LCCYS caseworkers, which resulted in death and serious injuries to multiple children,” the DA’s office said in the release.

The law firm, which has a presence in multiple states, noted in a letter of special counsel engagement to commissioners that they will be “representing the Agency and potentially staff involved with the case.” The firm is based locally in Camp Hill, Cumberland County.

Through the end of 2026, the firm will bill Lebanon County at an hourly rate of $375 for attorney Barbara A. Zemlock, $350 for attorney Marisa McClellan, and $180 for paralegal Erica Dawson. The document also notes the hourly rates are subject to change beginning Jan. 1 of each year, and that the law firm is not requiring a retainer fee (a set amount of money put aside in an account and drawn down as services are rendered by the law firm).

The county will compensate the firm from funds in the solicitor’s budget, according to county officials.

In the news release, Graf cited a case where her office learned of a LCCYS caseworker who allegedly returned a 1-year-old child to the home of his suspected abusers.

“LCCYS and the Lebanon County Detective Bureau had a pending case which involved allegations of child abuse, which resulted in physical injury to the baby caused by either the baby’s biological mother or her adult cousin. The mother and cousin lived together. As the investigation progressed, Detectives updated and informed LCCYS of their intent to charge and that the injuries were indicative of abuse,” Graf wrote in the release.

At Thursday’s meeting, Lebanon County solicitor Matt Bugli said he felt it would be in the county’s best interest to engage outside legal counsel in this matter. 

“I know both attorney Zemlock and attorney McClellan and I have the utmost respect and confidence in them. They have extensive litigation experience and they provided legal experience and representation,” Bugli told commissioners prior to the unanimous vote. “They have extensive litigation experience and they provided legal expertise and representation in another case in another county in a similar issue involving Children & Youth Services.”

LebTown asked Bugli if the firm is the same one to have successfully defended CYS workers in Adams County.

“It is my understanding that there was but I don’t know specifically, you would have to check the docket,” Bugli replied at the meeting.

In a follow-up email on Friday, Bugli wrote, “To clarify my response to your question during the meeting yesterday, attorneys from Tucker Arensberg had entered their appearance on behalf of one of the defendants in the Adams County case.”

On the same day that the DA issued her media release, county commissioners later provided the following statement:

“Lebanon County Children and Youth Services (CYS) faces very complicated circumstances in many of these cases. They must try and find a balance between the safety of the children and honoring their legal obligation to reunify families. Sometimes, despite best efforts and limited options, parents hurt their children. While that’s never acceptable, it is a harsh reality of humanity.”

First assistant district attorney resigns

Brian Deiderick, first assistant district attorney and prior county employee in the public defender’s office, resigned from his position, effective Nov. 14. 

His salary was $115,109.21 annually, according to the county’s human resources department.

Deiderick worked just under two and a half years in the DA’s office and 20-plus years in the public defender’s office. Deiderick was recognized with a proclamation for nearly 23 years of service to Lebanon County at Thursday’s meeting. 

Deiderick was promoted to chief public defender on Dec. 28, 2009, before transferring to senior deputy, assistant district attorney on May 1, 2023 and eventually to first assistant district attorney on Oct. 16, 2023.

“It’s been an incredible 22 years, and thank you, sorry,” said Deiderick after being overcome with emotion. “Thank you to everyone involved in the system and to the people of Lebanon County for allowing me to represent them on both sides of the system.” 

Of the two county offices he served in, which are oftentimes on other sides of the same case, Deiderick said, “They are very different and I think there are a number of people in the room who understand that.”

“But the common thread that runs throughout it is … on both sides, justice is different in every case. It looks different, it feels different, it is different. There are no two situations that are the same. Everyone has a unique story, a unique background and a unique perspective.”

LebTown asked Deiderick what comes next in his career. He said he was going to “rest, relax, and recoup” while also noting he is 55 years old. 

Pressed for what his next job is after his vacation ends, Deiderick opted not to answer directly, saying, “I have other plans, yes.” 

Graf said Deiderick’s replacement has not yet been identified.

“There is no current plan in place, the job will be posted whenever,” Graf said.

Other county business

In other unanimous actions, commissioners voted to:  

• Renew a contract with Mazzitti & Sullivan Counseling Services for $1.75 per person per month, with an estimated annual cost of $13,444 to provide mental health counseling services to Lebanon County employees.
• Pay Force Package Inc., Myerstown, $8,860.33 for a variety of promotional items and services related to the America PA250 celebration in 2026 in Lebanon County for the commemoration of the nation’s 250th birthday. In a separate invoice, the county will pay Breckert Illustrated Shirts, Annville, $1,044 for America250 clothing items.
• Provide full real estate exemptions to five fully disabled veterans.
• Award a hotel tax grant totaling $5,000 to A Quilters Destination, dba The Stencil Company, for an event costing $144,260. The event is the Lancaster-Lebanon Quilt Show at the Lebanon Valley Exposition Center, March 25-28, 2026. 
• Approve numerous personnel transactions.
• Agree to accept the minutes of their Oct. 16 meeting and an Oct. 22 executive session to discuss personnel matters. 
• Approve the treasurer’s report. 

Lebanon County assessment board

In the afternoon, the county’s assessment board, which consists of commissioners, convened to consider several items. They voted unanimously on the following:

• Lower the assessment from $588,000 to $550,000 for a property at 1697 Quentin Road, North Cornwall Township.
• Approve separate nonprofit status exemptions to Oasis Christian Church, Lebanon, and Lighthouse Thrift Store, Myerstown.

Future meetings

Lebanon County Commissioners meet the first and third Thursday of the month at 9:30 a.m. in Room 207 of the Lebanon County Municipal Building, 400 S. 8th St., Lebanon. 

The county’s assessment board meets on an as-needed basis.