Oklahoma lawmaker renews call for policy reform in child custody cases

One state lawmaker wants to reform child custody issues in Oklahoma. Last week, lawmakers had the chance to hear how legislation could help keep families together. 

Several people spoke at last week’s interim study who have experienced issues with Oklahoma Human Services. They believe the agency has too much power. Rep. Gabe Woolley, R-Broken Arrow, said he wants policy changes within the agency, known as DHS. 

“Any government entity that receives and is funded by tax dollars needs to be transparent,” Woolley said. “The courtroom should have to actually prove that a crime took place rather than treating people as guilty until they can prove them innocent."

At last week’s interim study, attorney Phillip Owens, who is a foster parent himself, said many parents face unfair court battles. 

"Most of the deprived cases that I handle don’t involve any kind of a criminal charge," Owens said. “Way too many judges in this state take DHS at their word."

Tulsa-based private investigator Eric Cullen echoed that statement.

"There’s just no compromise. It’s black and white," Cullen said. "It’s really harsh; it’s a little draconian, frankly.” 

Jennifer Ballew is a court-appointed special advocate who is assigned to child welfare cases by judges. She said policy changes are necessary. 

"The policies of DHS do not lead in the direction of reunification," Ballew said.

Woolley has two bills that carried over from the last legislative session. HB1100 would increase the standard of evidence required before a child can be removed from parental custody. HB1164 would establish clear procedures for any OHS actions. CEO of the Oklahoma Institute for Child Advocacy, Joe Dorman, said data in child custody cases illustrate a story. 

“The data shows and the science is there to prove that children are better off with their biological families,” Dorman said. 

However, Dorman said the wrong changes could place more children in danger by making it difficult for the state to remove them from abusive home environments. 

“Some children are gonna benefit, others will be placed in greater harm,” Dorman said. 

He said OHS also needs the staff to keep up with complicated cases. 

“They're just spread too thin, which leads to a lot of the problems we face right now,” Dorman said.

Dorman said Oklahoma must invest in better training for child welfare case managers to reduce mistakes. We contacted OHS for this story, but they said they cannot comment on pending legislation.

Dorman said the state needs more prevention programs to keep children out of foster care. However, that comes at a cost. 

“But it all comes back to money,” Dorman said. “Will the legislature put the funds in place to help with those preventative measures?" 

Dorman said change starts with conversations and that he appreciates efforts to improve the lives of children. 

“Listen to stories and try to get to the best legislation,” Dorman said. 

Woolley said he hopes it will make a difference for Oklahoma families. 

“At the heart of it, we are looking for reform that protects children and families,” Woolley said.