Charge: OK DHS claim of child abuse
Case: WHC-25-2
Court: Bryan County [Durant, OK]
Result: Dismissed, family reunified
This OK Department of Human Services [no longer DHS, now OHS] tried its latest bad faith ploy in this case involving two parents and their 5 children: they threatened to seize all 5 kids unless the minister father left the home. This may sound common enough, but the wrinkle here is they refused to file a report with the local prosecutor detailing their actions and requesting a juvenile deprived petition alleging abuse or neglect. This increasingly common tactic is so bad because it permits DHS to avoid judicial oversight of its actions: without an approved, filed petition, there can be no evidentiary hearing where caseworkers have to prove their claims, yet they hold the threat of seizing ALL the kids if the family obeys its orders. In fact, during Haslam’s initial investigation, he recorded the caseworker saying they never intended to permit the minister father to return home. Ever.
Haslam challenged this action with a novel use of OK’s writ of habeas corpus law – a powerful tool that obligates a district court to prioritize judicial review – followed by his own investigation yielding insanely bad faith conduct by DHS. While the 10 yo girl the family had recently received as a foster child from these same DHS caseworkers made a claim against the dad of inappropriate touching, Haslam discovered the girl had been removed from her family of origin for making an identical but ultimately unfounded claim. Moreover, the first two families she’d been placed with returned her to DHS within days because she was masturbating in front of other family members. Still worse, when this family received her as her third fosters, DHS lied in its paperwork: it expressly denied any history of sexual acting out. Incomprehensibly, Haslam learned the caseworker knew the girl had recanted her claim against this father numerous times to therapists! And finally, DHS fought tooth and nail to prevent disclosing the videotaped “forensic interview’ it conducted of this girl during which they claimed she made the allegation – and Judge Campbell refused to order them to do it….
The story got worse. The Bryan County D. Ct. lingered for months over Haslam’s routine requests for other DHS records on the girl’s history. The DA’s office failed to tell Haslam it had rejected the DHS request for a deprived petition it finally presented to the Bryan County DA after he filed his habeas petition and started rattling cages. Finally, five months after the habeas petition and many motions detailing this history of misconduct, Haslam forced the judge to schedule the hearing that the habeas statutes obligate him to conduct. The family showed up armed to the teeth with well-prepped witnesses. Rather than risking the complete exposure of DHS misconduct, Judge Campbell simply ordered the family reunified. No testimony, no witnesses, no exposure: the judge simply ruled that Haslam’s motions justified the reunification.




