Can 'House of Horrors' mom legally get her kids back?

Editor’s Note: This story contains discussions of child abuse that may be disturbing. Reader discretion is advised. If you suspect a child is being abused, find out how to report it in your state here. To connect with a counselor, you can call the National Child Abuse Hotline at 1-800-422-4253.

(NewsNation) — The mother of the 16 children rescued by state officials from their “House of Horrors” in Hamden, Ohio, wants to reunite with her kids, her attorney said last week. 

On June 30, law enforcement arrested Elizabeth Siders, 33; Gary Siders Jr., 36; Gary Siders Sr., 73; and Christina Siders, 66, on child endangerment charges.  

The 16 children were living in what was described as “unimaginable conditions” and “pure evil’ by the state’s attorney general last month.

Ohio-based family lawyer Elizabeth Mitchell of the Petroff Law Offices spoke with NewsNation about the potential roadblocks for Siders’ request to be reunited with her children.

“In situations like this, where the facts are so extreme, and the abuse and the ongoing neglect is such an aggravated and such compelling circumstance, I often see children services agencies bypass the required reasonable efforts towards reunification and just request permanent custody to the agency right out of the gate,” Mitchell said.

Forensic nurse Rachel Fischer told NewsNation “reunification isn’t an event. It’s a process.”

“It can begin with no contact, supervised therapeutic contact, monitored visitation, gradual relationship building, or ultimately no reunification at all. Those decisions evolve as the children heal and more facts become known,” she said. 

Fischer explained that it is too premature in the Siders’ case to know if reuniting the children and their mother should or could happen.

“This case is unlikely to have a single answer because these aren’t just 16 siblings. They are 16 individual children, each with their own trauma history, developmental needs, attachments and therapeutic path,” Fischer said.

She added under Ohio law, child welfare agencies generally work toward reunification when it’s safe to do so for the children. 

However, she cautioned against that being the main objective at the moment. 

“These children deserve specialized, trauma-informed forensic interviews conducted by trained professionals, along with comprehensive medical, developmental and psychological evaluations,” Fischer said. 

Children may not disclose abuse immediately, Fischer explained, adding minor victims should never be expected to repeatedly recount their stories in ways that could risk further trauma. 

“We don’t know everything that occurred in that home, and the purpose of these assessments isn’t to confirm abuse.”

Fischer said she will be watching to see if the children will be assigned independent legal representation or a guardian ad litem who can advocate for their individual interests. 

“In a case involving 16 siblings, there may be situations where what is best for one child is not what is best for another,” the forensic expert said.

Visitation may be possible while on bail

While the investigation and recovery play out, Alexandra “A.J.” Greer, a forensic psychology researcher and supervised visitation monitor, told NewsNation it is possible Elizabeth Siders could get visitation rights to see her children if she’s out on bond or bail. 

She noted the process can take time. 

“Family court can also move slowly. I’ve seen it take anywhere from a month to a couple of years before an individual is granted supervised visitation,” Greer said. 

Elizabeth Siders’ attorney, J. Thomas Stolly, requested a recognizance bond that would allow her to leave jail with certain conditions. 

“Through conversations with Counsel, the Defendant maintains that her principal desire is to reunite with her children; she understands that reunification of any sort is an impossibility if she does not appear before this Court,” Stolly’s court filing reads.

Elizabeth Siders is being held on $300,000 bond, which Stolly argued was impossible for her to pay. 

Criminal acquittal may not mean Elizabeth Siders gets her kids back: legal analyst

Criminal defense attorney and NBC News legal analyst Danny Cevallos noted criminal and family courts operate separately from each other. 

“Child welfare, or dependency cases, run on separate tracks from the parents’ criminal cases. Certainly, the Courts are aware of each others’ cases, but they run parallel, not together,” Cevallos said. 

Meaning even if Elizabeth Siders is acquitted of criminal charges, she doesn’t necessarily get her kids back, he said.  

“Dependency cases have their own civil standard (clear and convincing evidence) and their own timeline (generally about a two-year clock). An acquittal does not automatically restore custody or parental rights in dependency court.  Similarly, a conviction is definitely not required to terminate rights in dependency court. Parents can lose their parental rights without a conviction,” Cevallos said. 

Cevallos said Ohio’s “default goal” is reunification, yet there are extreme cases where such a reunion would not be permitted.

“Most of the statutory conditions require a conviction first. A killing or a violent assault on one of these kids. A sex crime against one of them. There is one trigger that does not have to wait for a conviction. If a parent repeatedly withheld food or medical care while able to provide it, the state need not seek reunification,” Cevallos said. 

Mitchell said if Siders is incarcerated, it would “completely prevent her from working a case plan.” She added, “It’s highly likely child endangerment charges are going to come out of this and that certainly is a massive obstacle and barrier to reunification.”

Attorney General Andy Wilson said it is believed most of the alleged victims spent their time in a 12-by-12 room and were not enrolled in school.  

Gary Siders Sr., 73, is the father of Gary Siders Jr. and the grandfather of the 16 children. His wife, Christina Siders, 66, is the mother of Gary Siders Jr. and the grandmother of the children. 

Elizabeth Siders married Gary Siders Jr., in March 2008 at age 15, according to court records obtained by NewsNation local affiliate WOWK. Her parents consented to the marriage.  

Multiple unconfirmed reports claim Elizabeth Siders birthed 20 children total, beginning at age 13. Authorities have so far only confirmed 16 children were removed from the home. Ohio Attorney General Andy Wilson’s office told NewsNation, “The investigation remains ongoing — we do not have further comment.” 

Attorney Tamara Holder weighed in, calling “this is a fragile situation where the state/judge will want to balance the best interests of the children while also recognizing that Ms. Russell is a victim herself of child abuse, rape, and numerous other violations while living in squalor under the roof of her husband and his parents. Presumably, the state will interview the children to attempt to gain some sense of understanding of their relationship with their mom. Do the kids want to see their mom? Are they exhibiting signs of relief that they are not with her? This is a problem that the state inflicted upon itself, allowing children to be married, and now there are layers of abuse that must be unpacked.”

Elizabeth Siders’ attorney did not respond to NewsNation’s request for comment. 

A gag order has been issued in the case.

Diana Falzone is the senior national investigations reporter at NewsNation Digital, covering the federal government, warzones and top-level criminal investigations.  

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