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Five children were removed from a home in Flagler County after sewage was found backed up into the home, deputies said.

The Flagler County Sheriff’s Office said the school board asked them to do a check on the home after getting word that there was sewage backed up into the home.

By the end of the visit, both Tiffany Berry and Nicholas Carter were arrested for child neglect.

Investigators took photos of the inside where the children, from a newborn to a 12-year-old, were living.

The criminal complaint against the couple said the home’s septic tank collapsed in either 2017 or 2018 and that the sewage was no longer hooked to a malfunctioning septic and was being discharged directly onto the ground beneath the house, from the only bathroom.

The Sheriff’s Office found holes in the floors, ceiling and rotten wood and mold throughout the home, as well as live and dead bugs.

Officials said Berry told them she paid $650 a month in rent and blamed the building’s condition on the landlord.

Investigators said at least two agencies offered to help the family, but the couple didn’t follow up.

The Sheriff's Office said that the couple also admitted to leaving the kids home alone, including the baby while they went to work at a fast food restaurant.
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The Department of Children and Families has been making report after report about the family, the Flagler County school district has been providing ceaseless help–and alerting DCF to the older children’s deplorable conditions on many occasions, as they’d show up at Bunnell Elementary at times with roaches in their backpacks, smelling of urine, being covered in bug bites and reporting being left alone and in fear at night while their parents worked. They’d even hide from DCF officials who’d knock at the door when the parents weren’t home. There’d be times when drunkards would knock at the door, looking for Carter.

But despite a series of offers of assistance, most recently in December, through the Northeast Florida Community Action Agency, conditions haven’t changed.

Five children were at the house, ages 12, 11, 7, 3 and 2. Nicholas Carter is the 34-year-old father of two of the five children. Berry showed a deputy around the property, showing a collapsed and no longer functioning septic tank where waste had accumulated and continued to receive waste from the house. Inside, the deputy was confronted with “a strong smell of mold” in a house where the front portion of the ceiling, near the entrance, was missing. In the kitchen, “the floor was giving way to the bare ground below where the sewage was being discharged,” a sheriff’s report states.

The only bathroom in the house was also missing its roof, exposing rotten wet wood “covered in mold.” The tub had settled below the flooring of the house. “The flooring was gaping in some areas, allowing the smell of the waste dumped below to be inhaled,” the report states. There was “general filth” and live and dead bugs in the parents’ bedroom, shared by the two youngest children.

The children’s mother conceded that the conditions in the house were potentially harmful to the children, who she said had several times stepped in holes in the flooring. She said the children were often sick. At least one of the children has mental health issues. She blamed the landlord, who was taking the $650-a-month rent but was refusing to make any repairs while the Department of Children and Families had allegedly told her to move.

The family was poor, but not destitute–neither of social services nor of money or social assistance: Carter reported income of $2,600 a month between his and Berry’s salary, plus $900 in food stamps. The federal poverty line for a family of seven is $39,640. The family was below the poverty line monetarily, but not when food stamps are calculated.

Deputies called in health department officials to assess the unsanitary conditions of the house. A social worker deputies contacted said she’d been helping the family for years, but that it was the parents’ responsibility to follow through on suggestions.

A school district social worker told deputies she’d been working with the family since 2016, when the family was essentially rescued out of homelessness. They were living in a tent, where at least one of the children was scared to step out and use the bathroom at night. Berry turned down the offer of 12 months’ transitional housing to go live with a boyfriend in South Florida, only to be rejected from there. The family eventually ended up at the house in Espanola, which drew an abuse report to DCF as far back as 2018 over sanitary issues–and a dog and eight puppies living in the house. The school district was clothing the family then and still clothes the children now, after they show up at Bunnell Elementary in filth. Additional reports went to DCF.

On Saturday, the children’s parents–Berry, 34, and Nicholas Carter, 34, who’d provided for the family by working at McDonald’s–were both arrested and charged with felony child neglect. A Flagler County building inspector assessed the house and today was to deem it unlivable, and condemn it. Animal Control was contacted to take control of two dogs and a cat. And the Department of Children and Families took custody of the children.

“I am so happy that we were able to get these kids out of this house before someone was injured or became seriously ill as a result of the deplorable conditions inside the home,” Sheriff Rick Staly said. “Between the mold, the unstable foundation, and the fact that these kids were being left unsupervised, this situation could have had a tragic ending. These two ‘parents’ have been given every opportunity to make improvements to not just their kids’ lives but their own lives that they have completely ignored.” (The quote marks around “parents” were in the agency’s release.)

“Hopefully, DCF and other agencies will help these parents and children get the help they need,” the sheriff continued. “It is unfortunate these conditions and the parent’s lack of actions deteriorated to a criminal case. Just because you may be poor you must still take care of your children.”

Both parents had bonded out by Sunday morning.
 
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They must have got a pass on the 2020 incident

Sep 30, 2024

A man in Palm Coast was arrested for child neglect by the Flagler County Sheriff's Office on Friday after deputies say a toddler was found unattended, which led to a discovery of the child's living conditions.
"Five children, three under the age of 10, living in deplorable conditions with an adult who obviously doesn't care about these children," said Sheriff Rick Staly.
The 2-year-old entered a woman's car when she was delivering groceries Friday evening. The toddler then left and wandered back to an open garage. Concerned, the woman contacted the FCSO Communications Center.

Deputies responded to the home where Nicholas Carter, 39, lived with five children ages 2 through 16, the children's mother, and a roommate. Deputies asked to check the home which Carter consented to.
When deputies entered the home, they said they smelled a strong odor of feces, urine, mold and mildew. Large clumps of fecal matter were scattered throughout the home and laundry room, along with discarded garbage and food, deputies said.

The kitchen had dirty dishes, cockroaches, flies, rotting food waste, and knives left out with easy access for the children. Carter told deputies the children slept in the master bedroom, where deputies said they found more trash and urine on the floor.
The garage, where Carter said the toddler "liked to hang out," had power tools, exposed wires, sharp objects, a BB gun, and a smoking pipe for marijuana, all of which were accessible to the toddler, deputies said.

Carter described the living conditions at home as "a little dirty." Deputies said he could not provide a reasonable explanation for the fecal matter throughout the house and multiple sharp objects within the children's reach.
This wasn't the first time deputies have arrested Carter. FSCO deputies say they've responded 16 times to the home since January 2023 and previously charged Carter with child neglect in 2020.

The roommate said the mother was not around much so that may be why she was not sentenced this time around either (if she is the same woman).

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Name:CARTER, NICHOLAS ROBERT

Supervision Begin Date:12/10/2024
Current Location:FT. MYERS
Current Status:ACTIVE
Supervision Type:PROBATION FELONY
Scheduled Termination Date:12/10/2027

Current Community Supervision History:​

Offense DateOffenseSentence DateCountyCase No.Community Supervision Length
09/27/2024CHILD NEGLECT12/10/2024FLAGLER24009733Y 0M 0D
 
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