DAYTON, Ohio — An Ohio appeals court says charges were improperly dismissed for two nurses in the malnutrition death of a Dayton teenager who had cerebral palsy and weighed just 28 pounds.
The 2nd District Court of Appeals ruled Friday that a juvenile court wrongly dismissed misdemeanor charges of failure to report child abuse or neglect.
Mary Kilby, of Miamisburg, and Kathryn Williams, of Englewood, had been convicted in adult court for failing to provide for a functionally impaired person. A judge ruled the juvenile counts were similar to those charges, but the appeals court disagreed and sent the juvenile cases back to juvenile court.
The defendants' attorneys didn't immediately return calls Friday.
Authorities say the former nurses were supposed to conduct health assessments for 14-year-old Makayla Norman, who died March 1, 2011.