OKLAHOMA NEWS

Group suing DHS says state 'resistant'

Read more from this Tulsa World article at http://www.tulsaworld.com/news/article.aspx?subjectid=16&articleid=20100418_16_A8_Oklaho901763&archive=yes

Oklahoma has been as resistant as any state that Children's Rights has sued over child welfare concerns, the group's founder says.

Children's Rights began as a project of the New York Civil Liberties Union and later the American Civil Liberties Union. It became an independent nonprofit in 1995.

The group has filed lawsuits against child welfare systems in Connecticut, Georgia, Kansas, Kentucky, Mississippi, Missouri, New Jersey, New Mexico, New York, Pennsylvania, Tennessee, Wisconsin and Washington, D.C.

Children's Rights filed suit against Oklahoma's Department of Human Services in early 2008 seeking reforms in the foster care system including lowering the caseload among workers, adding training and recruitment for foster families, creating more oversight to ensure visitations are made and lowering placements among foster children.

Nearly all the nonprofit's other lawsuits were settled in consent decrees agreeing to reforms, with some states in their second decade of the settlements. In a 1991 trial against the Washington, D.C., system, a federal judge ruled against the district and reached an out-of-court settlement in 1993 on a reform plan.

"Oklahoma has been as resistant as any state I've encountered, and in so many ways, fighting the case at all levels," said Children's Rights founder and Executive Director Marcia Robinson Lowry. "The state is entitled to legal claims. But it has resisted fact gathering and is drawing out this process."

Lowry said the state's high rate of abuse and neglect of children in foster care and the frequency of placements drew her organization's attention.

Evidence presented during class-action status hearings showed that 1.2 percent to 1.8 percent of foster children suffer from abuse or neglect, and the average caseload is about 50 per worker.

The nine children originally listed as plaintiffs had a total of 176 caseworkers, 125 secondary workers and 190 supervisors, according to court records.

The children included an 11-month-old with 17 placements and abuse resulting in a skull fracture, a 5-year-old girl going to nine facilities in four counties within a year and a 13-year-old girl who was sexually abused in care, court records state.

Lowry said more than 150 Oklahoma child welfare advocates were interviewed during an eight-month period before the group decided to file the lawsuit.

"We do not become involved in a system unless local providers feel there is a problem and problems that cannot be solved without outside intervention," Lowry said. "We've never become involved in a system without speaking to a large number of people in a state."

Lowry said the suit against Oklahoma is not about recovering monetary damages.

"We are seeking prospective reforms to make things better for people coming into the system," she said. "Our view of the problem is based on the state's own data and from the state child advocates we interviewed."

DHS officials say Children's Rights have received awards in past settlements, including $6.4 million in the Michigan consent decree and $10.5 million from Georgia in its settlement.

Some of the reforms being sought have been instituted since the lawsuit's filing, such as changing the process of when to remove children in order to keep more in their homes.

Also, the Legislature moved oversight of emergency shelters from DHS to the Oklahoma Commission on Children and Youth and stopped law enforcement officers from automatically taking children to shelters.

Defense attorneys argue that a federal decree may interfere with ongoing state cases. DHS officials say a mandated decree may be a hardship on the agency in the long run.

Officials point to a contentious effort by the Washington, D.C., attorney general to end a decree there after a federal judge recently criticized the district for a lack of progress and non-compliance with child welfare statutes.

DHS officials say the child welfare budgets may significantly increase under a decree. It cites Connecticut's child welfare budget growing from $250 million when it entered into a consent decree in 1989 to the current $820 million budget, and Michigan's budget growing from $32 million to $129 million within two years of a settlement.

However, Lowry said reforms can make a system more efficient in the long run and will save children's lives.

"You have to ask 'what are you prepared to do to save a person's life,' but also a mismanaged system is not saving the state money," Lowry said.

Slain Girls Shared Same DHS Worker


Yolanda Hunter Worked With Aja Johnson, Kelsey Briggs


OKLAHOMA CITY --

The deaths of two Oklahoma children years apart are raising concerns because of a common link to a state agency. Kelsey Briggs' grandmother and Aja Johnson's father met Wednesday to share their grief."There's no comparison to losing a child in your
family," said Kathie Briggs. "Four and a half years later, I still look at little girls' clothes."

"You can never, never prepare yourself for something like this," said J.J. Johnson. "Every time I hear a song on the radio, it reminds me. "Aja's body was found late last month in Norman. Kelsey died four years ago after being abused. Prior to the deaths, the same caseworker from the Department of Human Services was assigned to both families, the families said."It just makes you weak to know that she's still doing the same job and still making the same mistakes," said Kathie Briggs. She said instead of putting Kelsey in a state home, Hunter put her in danger."It wasn't just her. There were more workers involved than just her," Kathie Briggs said. "But if a child dies, it wasn't a good job."

J.J. Johnson said he knew about Kelsey Briggs and followed the story of her death closely. He said he couldn't believe that the same woman working with Briggs, Yolanda Hunter, also worked with his daughter. "I was scared to death when I found out she was handling Aja's case," he said. "I was just absolutely terrified. "He said
that instead of allowing Aja to live with him, Hunter put her with stepfather Lester Hobbs, the man accused of killing her.

"There were accusations made that he was mistreating Aja, feeding her jalapeno peppers and stuff," he said. "I brought this to Ms. Hunter's attention. But as usual, it was just dust in the wind."

"It makes you sick,and this is the thing," Kathie Briggs said. "We know she was involved in Kelsey's case and Kelsey died. We know she was involved in Aja's case and Aja eventually died."

J.J. Johnson said something with DHS has to change."These children cannot be kept in harm's way no more," he said. "It has to stop."

"It's not their fault totally, but they can make a difference. They could have made a difference with Kelsey. They could have made a difference with Aja," Kathie Briggs said. "It's life and death. I mean, obviously, the children's lives are in their hands. They have to be trained."

The DHS confirmed Wednesday that Hunter still is an employee, but did not say whether any disciplinary action had been taken. It also sent a statement that
said, "We are not pointing fingers at any party, but instead, we are clarifying we are part of a system designed to protect children. All OKDHS services are designed to build a safety net around vulnerable children and families."

http://www.koco.com/news/23154473/detail.html

(Poster note: OUTRAGEOUS.)

Date: 2010-03-30

Source: newsok.com

Judge makes ruling despite son’s claims of abuse
BY ANN KELLEY - FAIRVIEW — Four Liberian-born sisters will remain with their adoptive parents who were convicted in February of abusing a fifth adopted child.

In a closed hearing Monday, Major County District Judge Vinson Barefoot ruled the children would remain with their adopted parents despite testimony from their 28-year-old son that he too was abused by the couple as a child, said the girls’ attorney, Melvin Johnson. Johnson said he will appeal the decision, and has plans to investigate the couple for adoption fraud. "These children should not be living with convicted, longtime child abusers,” Johnson said. The child welfare case is linked to a criminal case involving the abuse of the second-oldest of five sisters adopted in 2005 from an orphanage in the African nation of Liberia. The girl, now 13, endured abuse from her entire adopted family, according to court records. She is living with relatives in another state.

Her adoptive parents, Ardee Verlon Tyler, 51, and Penny Sue Tyler, 46, were convicted of felony child abuse and received 10-year suspended prison sentences. The girl was tied to bedposts, forced to sleep outside and denied food for several days as punishment, authorities say. She also was abused by the Tyler’s biological children. Ashton Tyler, 21, was convicted of sexually assaulting her and sentenced to two years in prison with eight years probation. Nathania Tyler, 20, was convicted
of misdemeanor assault and battery and was given a 90-day suspended jail sentence.

Son claims past abuse
Jeremy Tyler, 28, from Kansas, said his parents never should have been allowed to adopt the children. "My childhood is riddled with abuse and reasons why,” Jeremy Tyler said in an interview after Monday’s hearing. He said his stepmother was explosive and constantly degraded him, both verbally and physically. She washed his mouth out with soap until he’d vomit, hit him with wooden kitchen tools and beat him with belts until his body welted, Jeremy Tyler said.

Jeremy Tyler said he gave the judge school records from when a school nurse was notified about welts that Penny Tyler had left on him after a beating when he was 11. He said social service authorities were contacted, but nothing ever happened to stop the abuse.


Johnson said the Tylers’ abusive past should have been found by investigators during the impartial home study required for them to adopt the girls. The Oklahoman has a copy of a report by Oklahoma Home Study in Edmond stating Jeremy Tyler was "very positive about his parents and about them adopting children from Liberia.” Jeremy Tyler said he was never contacted. Johnson said the study also reveals the Tylers claimed their annual income exceeded $87,000 and personal assets exceeded $363,000. During the criminal proceedings they reported their annual income as $20,000. Calls to the Tylers’ attorney were not returned. During the criminal proceedings against the family, a state Department of Human Services social worker testified it was in the girls’ best interest to remain with the Tylers.

Birth father is concerned
James Andrews, the girls’ biological father, said Monday the news that his four daughters would remain with the Tylers is "distressing.” "I am suffering. Their family here is suffering, because we have so little information,” Andrews said. Andrews said when adopting the girls, the Tylers promised him his daughters would be allowed to contact him and there would be regular reports of their life in the United States. Since the Tylers left Liberia with his children, he’s gotten no word from them. He repeatedly telephones their home, but no one answers, he said. Andews said he’s begging the Tylers to allow his oldest daughter, Mary, to speak with him. "I feel helpless. I’m praying for all of them,” Andrews said.

http://poundpuplegacy.org/node/43001

December 9, 2009

Fairview family pleads no contest to abuse charges

By Joe Malan, Staff Writer

FAIRVIEW — Four members of a Fairview family pleaded no contest Wednesday to charges of abusing a girl the family adopted in 2005. Ardee Verlon Tyler, 52, and Penny Sue Tyler, 46, pleaded no contest in Major County District Court to one felony count each of child abuse.

Ashton Malachi Tyler, 20, pleaded no contest to a felony count of
rape by instrumentation. Nathania Dellare Tyler, 21, who was not in
court Wednesday, also pleaded no contest to a misdemeanor count of
assault and battery through the family’s attorney, Ron Willis, of Enid.

Court documents allege between 2005 and 2007, a 12-year-old girl, one
of five adopted by the family in 2005, was abused, raped and assaulted
by members of the family.

If convicted of the charges, Ardee Tyler and Penny Tyler could
receive punishment ranging from a $500 fine to life in prison. Ashton Tyler could serve no less than five years maximum in prison if
convicted on his charge. Pre-sentencing investigations for all four charges will be completed no later than Jan. 15, said Major County District Judge Dean Linder.

Sentencing on all four charges is scheduled for 1:30 p.m. Jan. 29 at
the Major County Courthouse in Fairview. According to an affidavit prepared by Major County District Attorney’s Office Investigator Steve Tanio, the girl told a woman who was going to adopt her of the offenses.

On Sept. 9, 2008, Barbara Louise Thomas-Johnson was in the process of adopting the girl when the girl told her she had previously lived with the Tyler family, according to the affidavit. The girl told Thomas-Johnson she had been physically abused by Ardee and Penny Tyler. She said on two consecutive nights within the past year, she had been tied with rope and restrained to a bed in the basement of the residence, according to the affidavit.

She said she had also been tied with a rope to a chair during the same time period and had been forced to sleep outside the house when the temperature was cold, according to the affidavit.

On Feb. 19, 2008, Oklahoma Department of Human Services welfare specialist Whitney Reuss interviewed Ardee and Penny Tyler, and they admitted they had tied the girl’s hands to a bed, according to the affidavit.

On Sept. 24, 2008, Tanio spoke with Janice Wichert, who said she had known Ardee and Penny Tyler and the 12-year-old girl since April 2007. She said she was informed the Tylers had forced the girl to stay outside all night as a punishment for stealing food, according to the affidavit. She also said she became aware the girl had been tied to the bed and a chair.

Wichert also told Tanio on May 4, 2007, she had accompanied Beverly Heinrichs and Scott Neufeld to the residence. While they were there, Heinrichs told Tanio she heard Ardee Tyler admit they had forced the girl to stay outside as punishment for stealing a cookie, according to the affidavit.

On Sept. 14, 2008, Scott Neufeld told Tanio on May 4, 2007, he went with Wichert and Heinrichs to the residence. Nuefeld said Ardee Tyler told him he had forced the girl to stay outside all night long to punish her for stealing the cookie. When Neufeld told Tyler he could turn him into DHS for the abuse, Tyler replied, “Maybe you should,” according to the affidavit.

Tanio also interviewed Ardee Tyler on Sept. 24, 2008. He told Tanio he had adopted the girl in August 2005 and moved her to his residence in Fairview. He indicated to Tanio he had physically abused the girl sometime between January and October 2007 at their residence, according to the affidavit. Ardee said on one occasion in the fall of 2007, the girl lied to him and his wife, then urinated on the floor. He said he told the girl, “If you’re going to act like a dog, I will treat you like a dog and let you stay outside,” according to the affidavit. Tyler said he then forced the girl outside, where she remained between 9 p.m. and 6a.m.

On another occasion, Ardee Tyler said, he tied the girl’s hands with a cloth and restrained her to a vertical post next to the stairwell inside the residence. He also admitted on another occasion to tying her hands together and restraining her to the bed post between 9 p.m. and 6 a.m., according to the affidavit.

Ardee Tyler told Tanio in each of these instances “that what I did was wrong and am sorry for doing it. I am sorry for doing all of these things and I will never do any of them again,” according to the affidavit. He gave Tanio a handwritten statement of the admissions in the presence of two members of the Major County Sheriff’s Office.

In a separate affidavit, the girl indicated to Thomas-Johnson she had been sexually assaulted by Ashton Tyler in early 2007.

On Sept. 24, 2008, Tanio spoke to Ashton Tyler, who told him on one occasion in 2005, when he was 15 years old and the girl was 9 years old, he sexually assaulted her, according to the affidavit.

Ashton Tyler told Tanio, “It was a terrible mistake and I’m so sorry, I never did it again, please forgive me,” according to the affidavit.

Ashton Tyler made the admissions before two members of the Major County Sheriff’s Office, and he also provided a handwritten statement of the admissions, according to the affidavit.

On Sept. 24, 2008, Tanio also interviewed Nathania Tyler, according to another affidavit. She told Tanio that sometime between January and October 2007, she disciplined the girl by tying a rope around the girl’s wrists and ankles and tying her to the vertical post by the stairwell, according to the affidavit. Nathania told Tanio she untied the girl after she had been restrained for approximately 1 to 11⁄2 hours.
Nathania Tyler also told Tanio she was aware of two consecutive nights during the same time period when Ardee Tyler used cloth to tie the girl’s hands together and physically restrain her to a bed in the basement of the residence between 9 p.m. and 6 a.m., according to the affidavit. She admitted to Tanio her actions were wrong and that she would never do it again, according to the affidavit.

http://enidnews.com/localnews/x546171708/Fairview-family-pleads-no-contest-to-abuse-charges

So, let me get this straight. All you have to do is say, "Sorry," and that's that?

The Court Appointed Special Advocate organization, which serves abused
and/or neglected children in Muskogee and Wagoner counties, recently
certified 10 community volunteer advocates. Each new advocate has
completed 30 hours of required training and courtroom observation.

District Judge Thomas Alford, who presides over juvenile court in
Muskogee County, has appointed Diane Dressler, B.J. Ford, Vickie
Ragsdale, Katheleen Johnson, Samantha Dyer, Sonja McJunkin, Gena Cooper
and Lou Rushano to serve in Muskogee County. Pricilla Berryhill and
Susan Rush have been appointed in Wagoner County.

CASAs help children who come under the Court's jurisdiction when their
parents or caregivers fail to provide proper care and supervision or
have committed physical and/or sexual abuse against the child. The
Oklahoma Department of Human Services has supervision or custody of
these children, and most have been temporarily placed in foster homes.

Through their court appointments, volunteer advocates research the
backgrounds of the children's cases, interview all parties and service
providers who are involved in the child's life, monitor progress towards
the case goals, and make recommendations to the courts. Their
recommendations represent what they believe to be in the child's best
interest regarding the child's permanent placement. Advocates submit
written reports and also appear in court at case reviews.

CASA for Children Inc., is a non-profit organization. Volunteer
advocates must be 21 years of age and pass a background check. People
from all cultures, professions, and ethnic and educational backgrounds
are welcome.

Information: 686-8199 in Muskogee or 485-0075 in Wagoner.

At the behest of House Speaker-designate Kris Steele, state lawmakers have embarked on a review of the state's system for handling child abuse and neglect.

It is not the first time an in-depth look has been taken at the child welfare system, and it surely won't be the last.

As is sometimes the case, this review was prompted by the shocking death of a child - in this case, a 7-year-old girl who disappeared in January and was later found dead in a wooded area near Norman. Aja Johnson's stepfather, Lester Hobbs, also was found dead at the scene. The body of the girl's mother, Tonya Hobbs, had been found shortly after the girl's disappearance.

"The thing that stood out to me is that there is a long track record of DHS involvement in the life of Aja and her family," said Steele, R-Shawnee. "Did the state of Oklahoma do everything possible to try and protect this child? I'm not insinuating that did not occur. I'm just wanting to make sure."

A report compiled after Aja's death found that there had been nine referrals about her situation to the Department of Human Services in the three years prior to her death.

That was also the case with 2-year-old Kelsey Smith-Briggs of Meeker, who died in 2005 as a result of child abuse. DHS had had multiple contacts with her family. Her mother and mother's husband were convicted of charges related to Kelsey's death. Reviews of the circumstances connected to her death led to reforms in child-welfare investigations.

Back in 1995, the
shocking death of 2-year-old Ryan Luke of McAlester, which led to convictions of his mother and grandfather, also led to intense scrutiny of the system and various reforms.

There is a clear pattern here. Horrific child-abuse fatalities that some observers feel could have been prevented lead to reviews of what went wrong, and in most cases some improvements, if only incremental, result.

Perhaps that is the only way much improvement will occur in a state that has chronically underfunded such an important function. Witnesses speaking before the House study panel detailed such problems as high turnover rate and lack of experience among investigators, who carry heavy caseloads for low pay. "There's only so much of that they can stand," said Trent Baggett, executive coordinator of the state's District Attorney's Council.

A federal lawsuit over similar issues is pending, brought by a national child advocacy group. It is similar to other previous lawsuits over troubled state systems, including corrections, juvenile justice and developmental disabilities, which have resulted in massive changes in Oklahoma. If plaintiffs prevail, a major overhaul could be in store for child-welfare services.

If not, it may take another tragic, preventable death to spark outrage anew.

"the law was enacted because an audit by experts indicated Oklahoma authorities were removing too many children from their homes — doing so at a rate more than twice the national average.About 70 to 80 percent of those children were returned within a week, which indicated that services often could be provided without removing children"

Yes, indeed, and all the good parents in Oklahoma were terrified of DHS. They were removing children because evidently, they were getting some sort of funding for each child removed. I was asked by a friend of mine, who happens to be an LCSW, to sign a petition against DHS a couple of years ago. I wouldn't do it, because I didn't want DHS coming after me and my children. It was that bad here. Interestingly, Kelsey Briggs' case happened under the old system. Why they did not remove her from the home, I'll never know.

I'm not sure the new system is better for the children - the cases cited in the article are tragic. However, those types of things were happening under the old system, too.

It's just a mess, all the way around.

Oklahoma Department of Human Services forms committee to look into deaths of those in DHS care

By Associated Press
7:43 a.m. CDT, September 28, 2011

OKLAHOMA CITY (AP) — The commission that oversees the Oklahoma Department of Human Services has created a committee to investigate the deaths of children and adults in DHS care.

The Special Review Committee was formed Tuesday during the first meeting of new commissioners Wes Lane and Brad Yarbrough. Lane is a former district attorney and will head the committee.


HS has been criticized for its handling of cases that ended in deaths. The most recent was the June death of 5-year-old Serenity Deal after she was placed in her father's custody — despite being injured during visits with the father.

Lane and Yarbrough are the first appointments to the nine-member commission by Gov. Mary Fallin. Fallin has said there was an "appearance of lax oversight" in the handling of the Serenity Deal case.


http://www.kfor.com/news/sns-ap-ok--dhs-deathsinvestigated,0,1298427.story

DHS adding more oversight with new commissioners

Marika Lorraine Reporting
KFOR-TV
September 28, 2011

OKLAHOMA CITY -- It is well known, when it comes to failures that led to high-profile deaths, the Department of Human Services has a heartbreaking record. But two new DHS commissioners are hoping to help the board of nine overseeing DHS change that.

The commissioners were appointed by the governor.

They replace one member with a health issue and another whose term had expired.

With the new commissioners comes a new committee inspired by the death of Serenity Deal.

DHS Spokesperson Sheree Powell said, "We're excited about the fresh perspective they bring to our agency."

Brad Yarbrough, one of the new DHS Commissioners, said, "We certainly have no intention, nor is there any pattern of prior commissions to micromanage this enormous agency."

But the entrepreneur said the board doesn't want to be too detached either.

That's why they developed a new committee.

The committee will review all deaths that happen in DHS custody.

Wes Lane, the other new DHS Commissioner, said, "We're just wanting to make sure that we have all the information from all the agencies that investigate deaths to know we did do everything we were supposed to do."

The idea is to prove publicly that there is oversight, adding more eyes to look over the investigations already done inside DHS.

Powell said, "Anytime we can be more transparent as a government agency to help people to better understand the work we do, why we do it, who we serve, the better off the public understands DHS."

http://www.kfor.com/news/local/kfor-dhs-adding-more-oversight-with-new-commissioners-20110928,0,2821299.story

More than 125 DHS employees disciplined last year
DHS director says, “We do not tolerate these behaviors.”


By Nolan Clay Modified: February 16, 2014 at 10:00 pm •  Published: February 16, 2014


Oklahoma DHS director Ed Lake speaks during Foster Care Day at the state Capitol in Oklahoma City, Thursday, May 2, 2013. Photo by Chris Landsberger, The Oklahoman


Despite new leadership and a series of reforms, the state Department of Human Services still is having some of the same old problems with its employees, records show. More than 125 DHS employees were fired, suspended without pay or demoted last year, the agency's disciplinary records show.

Child welfare specialists were disciplined for falsifying investigations, embezzlement, neglect of duty, sleeping on the job and, in one instance, picking up the wrong baby from a day care.

“DHS faces the same challenges as any large company in that we will always have a few employees at any given time who are being disciplined for any number of reasons,” DHS Director Ed Lake told The Oklahoman.

Lake, who was hired in October 2012, said the disciplinary actions “demonstrate we do not tolerate these behaviors and we hold our employees to a very high standard.”

“We want a highly skilled, professional, compassionate and trustworthy workforce in DHS. I can say with confidence that the majority of our 7,100 employees exhibit those qualities on a daily basis. When employees violate our trust, intentionally disobey policy or are abusive to the people we serve, we will not hesitate to take appropriate disciplinary actions,” Lake said.

DHS put itself back in the public spotlight last week when it revealed it has started steps to fire two employees over the 2013 death of a special-needs child, Quinten Wood.

An older sister said DHS failed to respond appropriately to her concerns that Wood, 15, was being neglected. She said she called DHS 22 times to check on Wood. Lake said the two employees “clearly violated agency policies and reasonable child protection practices.”

DHS will not identify the two employees until the firings are final. An Oklahoma City police detective is investigating the workers to see if there was any criminal wrongdoing.

The disciplinary records for the last year show other instances where children were endangered by employee misconduct.

A child abuse hotline worker was fired in May after failing to immediately act on a report that a newborn was in imminent danger, the records show.

“The parents of this newborn have had their parental rights terminated due to serious abuse/neglect of previous children,” the worker was told in a May 14 dismissal letter. “Due to your failure in following hotline protocol ... child welfare staff was unable to locate the newborn. At this time, the whereabouts of the newborn remain unknown and he remains in danger of serious child abuse and neglect.”


http://newsok.com/more-than-125-dhs-employees-disciplined-last-year/article/3934325