Criminal Case: Alleged Deprived Child and DHS Takes Custody of the Child
Case: In re T.A.
Court: [JD-04-05, Tulsa County]
Result: Case Dismissed
Summary:
Because juvenile matters are confidential by Oklahoma statute, the docket sheet and the identity of the child in this “juvenile deprived” matter cannot be revealed, but Haslam represented T.A.’s 19 year old mother. The State alleged her live-in boyfriend had physically abused T.A., and the Oklahoma Department of Human Services [“OKDHS”] took the child from her because it alleged she permitted the boyfriend to do it.
If you know anything about the Oklahoma Department of Human Services, you won’t be surprised to hear that the night before the OKDHS investigator seized the child from his home, a Tulsa PD officer checked on the child in his home and found him fine. Nonetheless, the investigator alleged he was covered with bruises when she took him the next day. Haslam subpoenaed the radio dispatch audiotapes concerning that police call. The audiotape revealed the officer – who was specifically trained in child abuse investigations – reporting that the mother consented to his personal inspection of the child and that he found no signs of harm. He reported on the radio and in a written report that the child was “happy, well-fed, and alert and perceived no reason to suspect abuse.” Haslam listed this officer, the audiotape and the investigator on his witness and exhibit list for the “adjudication” hearing and sent the list to the prosecutor.
Rather than risk the investigator testifying under oath and contrary to the officer, the State dismissed the case on the day of the hearing and returned T.A. to his mother.