Oklahoma laws on child abuse reflect our values. They reflect the fact that we firmly stand against the cruel mistreatment of children.
Yet that laudable mission of protecting kids from abuse has gradually granted unnerving powers and authorities to the Oklahoma Department of Human Services for investigating child abuse.
The department has long been a focus of criticism by state lawmakers and other politicians.
Now it’s under the microscope of Oklahoma’s legal community.
Parents, advocates, and lawyers are troubled by the broad powers and authorities that have been handed to the Oklahoma Department of Human Services over years and decades.
Keep reading to keep safe with Norwood.Law. Check out Joe Norwood’s story here.
This post is part of a series on your rights and the Oklahoma Department of Human Services.
Ruin your life
If a total stranger took your kids away, we can guess how you might respond.
Now imagine that a state government agency with a $5 billion budget took your kids away or interrogated them at school with only shaky evidence of abuse.
Imagine government workers accusing you of doing the unthinkable to your kids.
Even raising your voice at your kids can get you in trouble with the government.
You might feel hopeless. After all, it’s your story versus a sprawling, government bureaucracy with a budget of billions that can shift its weight and ruin your life.
What the law says
Here’s what the government can do specifically. Under Oklahoma laws, the human services department has the power to investigate when child abuse or neglect are reported. Those laws specifically permit “an interview with and examination of the subject child,” including at the child’s school.
Only after the fact does Oklahoma Human Services have to notify the parent or person responsible for the child’s care. The school cannot legally deny the agency. If the school did refuse, human services could ask the district attorney to pursue a court order forcing the interview. These orders are commonly granted by Oklahoma judges.
Parents may challenge an action taken by Oklahoma Human Services, including school interviews, by filing a motion in court. You might argue that the investigation was initiated in bad faith or that the interview was unnecessary or improperly conducted.
Maybe you’re worried that the school interview was just as traumatizing as what officials claim happened to your child?
Courts must balance the rights of parents with Oklahoma’s interest in protecting the welfare of children
In the news
Joe Norwood’s successes in both civil and criminal law have been publicized by news organizations nationwide.
So keep reading.
If the government accuses you of a crime or a corporation injures you, call Joe Norwood for a consultation at 918-582-6464.
Mandate
It’s not just that caseworkers can investigate you for child abuse. State law firmly mandates that a person must report child abuse or neglect if they become aware of it. They can face a felony if they don’t report it.
But the person who reports it is shielded from legal consequences. Here’s what state law says:
“Any person who, in good faith and exercising due care, reports suspected child abuse or neglect, or who allows access to a child by persons authorized to investigate a report concerning the child, shall have immunity from any liability, civil or criminal, that might otherwise be incurred or imposed.”
Every school employee who believes that a student is a victim of abuse or neglect must report it immediately to law enforcement.
But there are concerns with how reliable such reports can be. One court found that there was consistent concern among psychologists about how abuse interviews were being conducted.
The court was worried about the “possibility of distorting recollections by suggestive or leading questions.”
Joe Knows
Joe Norwood and Norwood.Law have the experience and knowledge you need, no matter how tough your legal matter might be.
He’s won against banking interests and insurance companies. He’s won against the government over wrongful convictions. He’s won against foreign manufacturers.
Norwood.Law practices family, estate, personal injury, civil rights, criminal, business law and more. Let Joe Norwood help you return to the life you had or gain the one you want.
Joseph M. Norwood is a Tulsa attorney with the courtroom expertise you need. Contact his office at 918-582-6464.
By G.W. Schulz