Parents say their son was baptized without their permission, against his wishes.
The parents of an 11-year-old Hambden Township boy claim his mentors forcibly baptized him without their permission at a Chardon evangelical church, according to a lawsuit filed March 27 in U.S. District Court.
The baptism took place on Aug. 28 at Morning Star Friends Church on Ravenna Road, and the boy, who has chronic brain damage, “has suffered and continues to suffer severe emotional distress and anxiety, confusion and anger,” according to his parents, April and Gregg DeFibaugh.
The lawsuit states that Margaret Vaughan, a court-appointed guardian who worked for CASA for Kids, and David Guarnera, a volunteer with Big Brother/Big Sisters of Northeast Ohio who was recruited by Vaughan, are both congregation members of Morning Star Church.
Guarnera took the boy to church that day. The church’s pastor, Matt Chesnes, performed the baptism and, with Guarnera and Vaughan, is also named as a defendant in the lawsuit.
“(The boy) was confused because he did not fully understand what a baptism was and what it meant, but he wanted to please the defendant Guarnera, who was urging him to get baptized,” the lawsuit states. It continues that the boy was forced under water and held there “to the point where (the boy) felt like he was choking and could not breathe.”
The lawsuit details the following series of events:
Throughout 2015 and 2016, Guarnera picked up the boy from his home and took him on outings in his role as a mentor. The two went to Lake County Captains games, his home to play with Guarnera’s nephew, and church picnics and social events.
During an outdoor church service and annual picnic Aug. 28, Chesnes asked anyone who wished to be baptized to stand up.
“Guarnera pushed (the boy) out of his chair as if to indicate (the boy) was willingly standing up to be baptized,” the lawsuit states.
A week and a half later, on Sept. 7, April DeFibaugh called the Geauga County Sheriff’s Office to report child endangerment and assault against Guarnera and the church. She told the deputy her son suffers from a permanent brain disorder and “did not completely understand.”
After an interview with the boy, as well as an interview and a volunteer statement from Guarnera, the prosecutor, Jim Gillette, decided not to recommend any charges in the matter.
According to the incident report, a deputy who reviewed a video of the baptism “observed (the boy) walk up to the pool with Guarnera.”
The boy said: “I want to be baptized because I’m not in the mood to do a lot and I’ve always had a sad time in life. And I thought being baptized would make God happy and make me happy as well.”
“At no time did I observe Guarnera or the minister hold or force (the boy) under water,” the report states. “I observed Guarnera with his hand on (the boy’s) shoulder while (he) was speaking and it appeared to be in a calming and encouraging matter.”
The deputy reported there was no evidence the baptism was forced.
“(The boy) kept nudging me and telling me he wanted to get baptized,” Guarnera wrote in a voluntary statement to deputies. “He told me that he understood what was happening and that he wanted to be baptized. I told him he needed to step forward and I would go up with him.”
Guarnera said the boy was baptized in a “kiddy pool” that was about a foot and a half deep. Afterward, the boy “was happy and excited and gave me a big hug.”
The Geauga County Juvenile Court said in a statement: “On June 5, 2015, the Court dismissed the Geauga County Job & Family Services and the CASA guardian from the case and closed the case. Thereafter, the parents had sole custody and responsibility for the child.”
It continued: “Ms. Vaughan was not an active CASA/GAL as of August 2016.”
But the DeFibaughs lawsuit states Vaughan and Guarnera used their positions of authority over the boy for church “indoctrination.”
“Guarnera also told (the boy) repeatedly that he did not like families that did not believe in God,” the lawsuit states. “(The boy) valued the social interactions that Guarnera offered … but came to feel intimidated by Guarnera’s discussions, believing that if he did not allow Guarnera to continue to talk about religion … Guarnera would reject (him) as a little brother.”
“On several occasions, the DeFibaughs complained to (the boy’s) supervisors at CASA,” the lawsuit states. But nothing was done.
On the video, which the Geauga County Maple Leaf obtained, Guarnera is seen standing next to the boy outside the inflatable pool. He tells those gathered that the boy’s father does not believe in God and his mother knows Jesus but is not a follower.
“So, my prayer is that (the boy), when he goes home, he brings Jesus; he’s the only one who brings Jesus into his home,” Guarnera said. “For that I am so proud of him.”
“This matter will be vigorously defended,” said Julie Weese, the CASA For Kids of Geauga County program director. “And I look forward to our program being vindicated.”
Geauga County Prosecutor Jim Flaiz said Tuesday he has reviewed the lawsuit and been in contact with the county’s insurance carrier.
“While it does not appear any of the alleged conduct took place while any county employees were involved in the case, our office will work to defend the county’s interests,” he said.
The lawsuit, filed by lawyer Kenneth D. Myers of Cleveland and Geoffrey T. Blackwell of the American Atheists Legal Center, claims the family’s First Amendment rights of religious freedoms were violated.
The family seeks a ruling that the conduct of the named defendants was unconstitutional, as well as compensatory and punitive damages and counsel fees and costs, according to the American Atheists news release.
