DHS workers could face kidnapping charges under new child welfare bill
OKLAHOMA CITY (KFOR) — A push from one Oklahoma lawmaker could change the way the Oklahoma Department of Human Services (DHS) handles child abuse cases.
State Representative Gabe Woolley (R-Broken Arrow) has introduced House Bill 1100, a legislative measure he claims is aimed at ensuring accountability within DHS.
However, some child advocates say there are flaws in the bill and that it could harm children.
Under the bill, DHS would be required to present "clear and convincing" evidence to justify keeping children away from their families.
"It would change the word preponderance, which would be 51 percent likelihood or belief that something may be happening that could endanger a child. I feel like we shouldn't be playing 50/50 games with children and their safety," said Woolley.
If DHS fails to meet this new standard and refuses to return a child, the employee responsible could face felony kidnapping charges.
"If you take a child, don't have evidence to continue to keep them, that's kidnapping," said Woolley.
Child advocates say this could have unintended consequences.
"DHS workers cannot remove children from the home that is a court order and law enforcement removes the children. This is putting a chilling effect on recruitment of quality DHS workers who might be fearful," said Joe Dorman, CEO of the Oklahoma Institute for Child Advocacy.
Dorman says he also would like to make sure cases with emergency DHS placement would not be hindered.
"There's the risk of leaving them in an abusive situation and leaving them with pedophiles, the list goes on and on and on about a harmful situation," said Dorman.
Woolley says if there is evidence, the case should be opened and looked into.
"But they have to actually have a time frame when they can prove something and then if they can't, they need to return the child. You can't just play games with children's lives and let's just keep putting off until we can prove something," said Woolley.
Woolley's bill instructs a court to issue a review hearing after 15 days of a child being taken into DHS emergency custody.
It also states if a court fails to conduct a review hearing at least once every six months from when the child is removed from the home, the legal guardian will regain custody.
Woolley says his own experience inspired his push for this bill.
"People feel like they're being treated as guilty until proven innocent. Some families haven't seen their children in many years, close to 10 years," said Woolley.
His relatives Bill and Lisa Woolley lost custody of one grandchild after his little brother died in their care. The autopsy showed he was sexually assaulted and suffocated.
Charges against the Wooleys were eventually dropped, although the case is not closed and they do not have custody of the child in question, Clayton Woolley.
"This bill is not about my family or just about my family. There are so many families throughout the state of Oklahoma and many people that we've talked with, this is not an isolated event," said Woolley.
Dorman says it's cases like Elijah Woolley's death that highlight the need for thorough investigation.
"For every instance where a child is investigated and it turns out the situation is not harmful, you're going to have situations where the children lie and it is a very harmful situation, so a full investigation needs to happen to make sure that children are protected," said Dorman.
He also adds that DHS reform is needed, but more with resources for caseworkers. He would like to see Woolley reach out to advocates to help form the bill.
News 4 reached out to DHS about the bill, but since it's pending legislation they cannot comment.
Woolley did say he is willing to make amendments to the bill and this is only the first step.
For more on the bill, click here.