Playing Oklahoma DHS Corruption

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An unwed mother's newborn was taken into Child Protective custody; the grandmother (Dana Lawhon) asks for help so she can save her grandson from being a foster care/adoption statistic. [http://www.youtube.com/watch?v=ZLIRFtZ1m64] More information can be found at: Victims of Child Welfare Memorial Day Petition, http://www.thepetitionsite.com/takeaction/986173347

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At least she has the media's

At least she has the media's attention...

Follow-ups and Updates (?)

I tried looking for FOX 25's follow-up/update on this case, as promised by the news-anchor.... but I have not found any.  This piece was added to you-tube on August 19, 2008.

They keep putting it off..

They keep putting it off..

They killed her son and then stole her grandchild and she can't find anyone to help her...

These low life upper-class shit bags.... .... EEEEERRRRRRRRRRR.....

Reason for removal

What I'm stuck on is the "reason" this mother lost her baby, in the first place.

Was it because she was found napping with her newborn at her shoulder?

As one who has nursed and then slept with all four of my babies, I couldn't imagine some social service person coming-up to me saying "I'll be back with a court order to have that child removed from you."

Just like the article I posted about Women's Shelters, [http://poundpuplegacy.org/node/21370] it reads as if Homes for Unwed Mothers are very dangerous places to be... especially if there is a "state need" to fulfil adoption quotas.

Reason for Removal

So far to date they have come up with 7 different reasons everytime one fails they just make up another one the latest being the doctored drug test.

DHS Corruption

And you won't I was very lucky to get it out the first time they won't even talk to me now DHS is very mad that I got the two drug tests on T.V.

Public message

How was it you even got the media attention, in the first place??  I'm in awe you were able to say so much and have that covered!  [Clearly you were prepared, and ready to show how easily a parent can lose custody, making your segment that much more disturbing and sad.]

Prepared

I had been keeping a file and a journal since my grandson was born she called to say she was coming I pulled the file and put the important papers on top. She wouldn't let me show the arrest warrant for the social worker on T.V. but that is ok I just went out and made me a myspace page and now her record is all over the internet.

Stay Strong Dana

This is so terrible. Who was in charge of the unwed mother's home, I wonder.

Keep it in the open, that's the thing to do.

My heartfelt support to you and your family!

The Home

The home is run by Catholic Charaties and licensed by DHS I recently found out they go hand in hand makes me ashamed to be Catholic.

Is this the place?

The Home

Yes that is the Tulsa branch we are in Oklahoma City but same organization

[shiver down my spine]

As one who was adopted through a Catholic agency, I am fully aware just how corrupt some people will be all in the name of God and their love for money.

When church and state start rubbing shoulders, one has to wonder who is serving whom when it comes to "special interests".

I bet their ass they are

I bet their ass they are mad...

PROOF ... on live T.V

Nice job...  wish you would have been my grand mother... and you said you failed someone.... against the corrupt system you could not have succeed... that is the nature of corruption... only when you give up... that is when you fail...

Thank you for the complement

Thank you for the complement however it is not doing my grandson any good but I will never stop talking until I get him back and I will just make more of my shirts to wear around town. They don't like them but too bad I don't like that they stole my grandson either. Give me back my grandson and I will get rid of the shirts that is the only option they can take it or leave it. I have noting left to lose so I will not roll over and play dead.

dhs

maam after viewing the video on this web site let me say im deeply sorry you or anyone who has to deal with dhs....being a father in a custody case with them i understand...my case has been on going for almost 3 years...everytime they tell me to do a programi do it just for them to send me to another, for no reason....im so glad to see that finally dhs has pissed off enough people that just maybe the truth about all the judges kick backs, caseworker lies, and supervisor manipulation may finally come to the surface

Oklahoma law

I have watched the video and looked up the Oklahoma statutes for ground to terminate parental rights and found the following:

Circumstances That Are Grounds for Termination of Parental Rights

Ann. Stat. Tit. 10, § 7006-1.1

A court may terminate the rights of a parent to a child in the following situations, provided, however, that the paramount consideration shall be the health, safety, or welfare, and best interests of the child:

  • The parent has abandoned the child.
  • The parent is unable to discharge his or her parental duties due to:
    • Mental illness or mental deficiency
    • Extensive, abusive, and chronic use of drugs or alcohol
    • Incarceration of a duration that would be detrimental to the parent-child relationship
  • The parent has physically or sexually abused the child or a sibling of the child or has failed to protect the child
  • from physical or sexual abuse.
  • The child has been adjudicated a deprived child as a result of a single incident of severe sexual abuse, severe
  • neglect, or the infliction of serious bodily injury.
  • The parent has inflicted chronic abuse, chronic neglect, or torture on the child, a sibling, or a child residing in the household.
  • The child or a sibling has suffered severe harm or injury as a result of physical or sexual abuse.
  • The child was conceived as a result of rape.
  • Reasonable efforts to rehabilitate the parent have failed.
  • The parent has been convicted of:
    • Causing the death of a child as a result of physical abuse, sexual abuse, or chronic abuse or neglect of such child
    • Murder or voluntary manslaughter of any child
    • Aiding, abetting, attempting, or soliciting to commit murder or voluntary manslaughter of any child
    • A felony assault that resulted in serious bodily injury to the child or another child of the parent
  • The parent has willfully failed, refused, or neglected to contribute to the support of the child when financially able to do so.
  • The parent has failed to maintain frequent and regular visitation, contact, or communication with the child.
  • The child has been in foster care for 15 of the most recent 22 months.
  • Parental rights to another child of the parent have been involuntarily terminated, and the conditions that led to the termination have not been corrected.

If I understand correctly the grounds for taking Evan from his mother were based upon a one time test on which she supposedly tested positive for the use of marijuana. Even if that were true, and there is counter evidence this is not true, that would according to Oklahoma's own statutes not be a ground for removal. A one time positive test of marijuana does not equate "extensive, abusive, and chronic use of drugs or alcohol". This is what the jury instructions say:

Juvenile Instruction No. 3.20
Parental History of Chronic Drug or Alcohol Abuse

The State seeks to terminate the parent's rights on the basis that the parent has a history of chronic drug or alcohol abuse. In order to terminate parental rights on the basis that the parent has a history of chronic drug or alcohol abuse, the State must prove by clear and convincing evidence that:


 1. The child has been adjudicated to be deprived;

2. The parent has a history of extensive, abusive and chronic use of drugs or alcohol;

3. The parent has resisted treatment for the chronic drug or alcohol use during a three year period immediately before the filing of the petition;

4. Allowing the parent to have custody of the child would result in actual or potential harm to the child; and,

5. Termination of parental rights is in the best interests of the child.

___________________________________

Statutory Authority: 10 O.S. 2001, § 7006-1.1(A)(14).


Committee Comments

The Oklahoma provision in 10 O.S. 2001, § 7006-1.1(A)(14) is identical to a California statute, Cal. Welf. & Inst. Code § 361.5 (West 2002), prior to the California statute's amendment in 2002 to expressly provide that the treatment must have been ordered by the court.

The Committee notes that the word "during" in the third element above and in the text of 10 O.S. 2001, § 7006-1.1(A)(14), is ambiguous. It means either "throughout the duration ... of" or "at some time or point in the course of." The Random House Dictionary of the English Language 608 (2nd ed. 1987). The Committee recommends defining "during" as "throughout the duration of" because this is consistent with preserving family integrity.

In interpreting an identical statute in Karen S. v. Superior Court, 69 Cal. App.4th 1006, 1010, 81 Cal.Rptr.2d 858, 861 (1999), the California Court of Appeal held that "resisting treatment" encompassed both active and passive behavior. It reasoned:

Thus, a parent can actively resist treatment for drug or alcohol abuse by refusing to attend a program or by declining to participate once there. The parent also can passively resist by participating in treatment but nonetheless continuing to abuse drugs or alcohol, thus demonstrating an inability to use the skills and behaviors taught in the program to maintain a sober life. In either case, a parent has demonstrated a resistance to eliminating the chronic use of drugs or alcohol which led to the need for juvenile court intervention to protect the parent's child. In other words, the parent has demonstrated that reunification services would be a fruitless attempt to protect the child because the parent's past failure to benefit from treatment indicates that future treatment also would fail to change the parent's destructive behavior.

The fourth element has been included because of the Committee's concern that 10 O.S. 2001, § 7006-1.1(A)(14) does not on its face require proof of harm or parental unfitness, which is required as a prerequisite for termination of parental rights under both the Oklahoma and United States Constitutions as well as prior Oklahoma case law. In Matter of Sherol A.S., 1978 OK 103, ¶ 22, 581 P.2d 884, 888, the Oklahoma Supreme Court declared:

The purpose of termination is to protect children from HARM suffered by reason of either neglect or the intentional actions of their parents. .... There is no authority in our Juvenile Code which allows the State to interfere with family relationships where harm to children is not involved. This is, of course, a notion of constitutional dimension. The fundamental integrity of the family unit, which has found protection in the Due Process and Equal Protection Clauses of the Fourteenth Amendment and the Ninth Amendment, is subject to intrusion and dismemberment by the State only where a "compelling" State interest arises and protecting the child from harm is the requisite State interest.

See also Matter of S.T.G., 1991 OK 11, ¶ 10, 806 P.2d 636, 639 ("[w]e have held that in case of involuntary termination the fundamental integrity of the family unit is subject to intrusion and dismemberment by the State only where a 'compelling' State interest arises and protecting the child from harm is the requisite State interest."); In re K.C., 2002 OK CIV APP 58, ¶ 20, 46 P.3d 1289, 1294 (reversing termination order because the State did not clearly and convincingly show that the parent posed a harm to the children or that termination was in the children's best interests).

The jury instructions make pretty clear here that there are five criteria that must be met to warrant the terminatation of parental rights on the ground of drug abuse. There must be child deprivation, extensive, abusive and chronic use of drugs or alcohol, resistence towards treatment, there should be potential harm to the child and it should be in the child's best interest. These five criteria are inclusive, so they must all be met.

So my question is: was your daughter offered treatment for her alleged drug abuse?

Drug Treatment

Yes she has and they have cancelled on her twice not going to look good when we go to court I am sure they will say she cancelled. But thank you for the info on the law not that it will help but I sure do appreciate it.

faith in the law

Dana, the law is all you have and if what you say is the truth, the whole truth and nothing but the truth, you have the law on your side. People get screwed when they don't know the law, don't use the law and lose faith in the law. The party you are fighting is of course much stronger and bigger than you, but the law applies just as much to them as it applies to you. I contacted a friendly lawyer (who btw doesn't live in Oklahoma) to see if he has contacts in your neighborhood who can help you with this.

Were the cancellation of the drug treatment confirmed and do you have proof of that? If not you should ask the organization that cancelled to write down a confirmation that THEY did the cancellation.

The law

Yes the law when it is followed is great but when even the judge after looking at the doctored drug tests does nothing and all juvenile cases are sealed how do you get justice?

representation

I completely understand your outrage and am fully aware that the sealing of juvenile cases contributes tremendously in keeping a corrupt system corrupt. Still all decision are being made in that court, so all you have is the law. I will do what I can (however limited my abilities are) to help you find representation.

Representation

Thank you so very much for the offer and I would love to find someone who can help me.

Oklahoma DHS Corruption gets worse

I have an update to my case we went to court today and now the judge has taken away all visitation. He says my daughter did not respond appropiately to his demands because she hit the door on her way out. Now today they are putting her in jail and they are in the process of giving the child to the father. He is a 2 time convicted felon with a very violent temper and also a drug dealer. He lives with his mother who is also a drug dealer my grandson's days are numbered and I can't stay here and watch another one of the children in my family be killed by DHS. They are responsible for the death of my son and now they are going to add my grandson to the list. I waisted my time praying to God and proving they broke the law it did me absolutely no good at all. I will never pray to God again I can't even believe there really is one anymore.

Dana

Open or Closed?

I'll be honest, I don't know how each states operates when it comes to family courts...

Was this case in open or closed court, and do you think a decision made by a public jury would be more fair to all involved in child placement cases?

Agendas that just keep going on and on...

DHS, CPS, lawyers and judges all stick to the agenda of each case.  If you can get ONE person in that group to like you
in some way, then you have a chance to win.   Let just one of this bunch dislike you: you remind them of someone; you
did something THEY would never do, etc.   then you are doomed to the agenda that person develops.  It just trickles down
from one to the other of that team, and you have seen the results.
Hitting a door could be something that judge's own child did that pissed him/her off more than once, and in turn it triggered this judges rage.  And that's what I call it when someone with so much power makes a decision on how the situation is
seen personally.
This is so unfair to that child.  There should be equal access to that baby.  Isn't anyone thinking of him and his need to be
around  his WHOLE family?  If it is allowed that the druggies have access to him, then there should be visits for the whole family; supervised or not, this child needs to see his family has not disappeared.  A young child is black and white: either he has his whole family or he has none.
About God:  don't give up...  God is really all you have left.  People totally let you down, but in the long-run, God will show
what He is doing.  I'll pray for you.
Sincerely,
Teddy

"I can be changed by what happens to me, I refuse to be reduced by it." M.A.
One Step Up From Bottom
Teddy

Corrupt

I am very sympathetic to your situation. may I ask what county?

DANAS GRANDSON

I FEEL YOU.MY BOYS ARE BEING RAISED BY MY EX HUSBAND HE TO IS A DRUG USER,DONT WORK AND IS ON ALL DHS ASSISTANCE.HE IS 39 YEARS OLD AND SOME HOW HE HAS PASSED A HAIR FOLLICLE TEST (I BELIEVE HIS YONGER BROTHER TOOK FOR HIM) I AM IN MIDDLE OF TAKING HIM BACK TO COURT WE HAVE A RESALUTION COURT COMING UO IN A WEEK WHY DO I HAVE TO TRY TO RESOLVE TO A MAN THAT HAS TAKEN MY BABIEA (14,12,AND 10) YEARS OLD,BY THE WAY WISH TO LIVE WITH ME BUT I HAVE TO KEEP SPENDING MONEY ON ATTORNEYS AND ITS BEEN 8 MONTHS OF THIS CRAP

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