Grandchildren in DHS Custody in Oklahoma
My grandchildren are currently in the custody of Oklahoma DHS because of alleged child abuse. They have been there since December 18th. My heart is aching for these kids as they have been stripped from our lives. Their presents still remain under the Christmas tree waiting for them. I filed for foster kinship although I did not wish to be just a "foster parent", but no other option was offered to me and I would do anything to get my "girls" back. I was denied foster kinship due to an incident that occurred with my 13 year old daughter, whom is now 18). She filed "child abuse" after I slapped her mouth because she was cussing at me and hitting me. She was in DHS custody for 48 hours and returned home. In front of the caseworker she again began the verbal assault with me, but was told by the caseworker not to do that. We were recommended to seek counseling, which we did. I was given no papers saying that it was child abuse, never had a hearing, etc. This, however, is now on record and because it is on record as being reported, they say that I cannot have my grandchildren. I would never harm a hair on their precious little heads. Now with that being said, is there anyway that I can get temporary custody or temporary guardianship of my grandchildren any other way? The caseworker I was speaking with said that foster kinship rules are stricter than any other form of custody. 1. I didn't want to be a foster kinship provider, I want to have custody or guardianship of my grandchildren. 2. Why was I not considered in the first place for placement of the children instead of them being placed in DHS custody? 3. I thought that the law states that grandparents are the second choice for placement of a child before DHS. (see exhibit "A")
EXHIBIT "A"
OSCN Found Document:Children; requiring placement of children with noncustodial parent in certain circumstances. Emergency.
"SECTION 4. NEW LAW A new section of law to be codified in the Oklahoma Statutes as Section 22.1 of Title 10, unless there is created a duplication in numbering, reads as follows:
A. 1. The Oklahoma Legislature recognizes that:
a. children who have been abused, who are dependent or neglected, or whose parents, for whatever reason, may be unable or unwilling to provide care for their children, are best served when they can be cared for by grandparents or other suitable relatives instead of placing those children in foster care with the State of Oklahoma, and
b. while grandparents or other relatives are often willing to provide for the care of children who can no longer remain with their parents, there may exist financial obstacles to the provision of such care, or there may be a need for other services to enable the children to remain with their grandparents or other relatives in order to prevent those children's entry into the foster care system.
2. It is the intent of the Oklahoma Legislature in enacting this section to:
a. recognize family relationships in which a grandparent or other relative within the third degree of relationship to the child is the head of a household that includes a child otherwise at risk of foster care placement by the Department of Human Services,
b. enhance family preservation and stability by recognizing that most children in placements with grandparents and other relatives within the third degree of relationship to the child do not need intensive supervision of the placement by the courts or by the Department of Human Services,
c. provide additional placement options and incentives that will achieve permanency and stability for many children who are otherwise at risk of foster care placement by the Department of Human Services because of abuse, abandonment, or neglect, but who may successfully be able to reside in the care of relatives within the third degree of relationship to the child, and
d. reserve the limited casework and supervisory resources of the Department of Human Services and the courts expended to care for children in state custody for those cases in which children do not have the option for safe, stable care within their immediate family."
What can I do? Crying every night for these children isn't getting me any where. I need to know what my rights are as a grandmother.