[Dispatch4599]

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.

[twinkiedooter]

Have you spoken with an attorney about this? You have a much better chance of having custody granted if you file a petition with the court in the county you live in with the help of an attorney. The DHS (or Home Reckers as I like to call them) are not so nicey nice people. Have a Judge decide this as soon as possible.

Once the State steps in and gets their grubby hands on children it's a real battle to get them back period. Also, why were they placed there in the first place? Where are the parents, in jail or wherever?

Do you have a husband and other children at home right now? Lots of things come into play in a scenario like this. Call an attorney and ask for a consultation. Try to get an attorney who specializes in child custody matters if possible or even what they call "Family Law". Ask how much the one hour consultation is. It's usually $50 per hour in most cases. Bring any paperwork with you if you have any regarding the grandkids. At the consultation ask all the questions you want regarding what can be done. Ask what it's going to cost. Attorneys are not cheap and if you are financially strapped some attorneys take a retainer and then take payments. Some don't.

In a case like this it's not going to be easy wrenching the kids away from the state. It can be achieved, but not literally overnight like it should be. Nothing ever is with those people. You will have to have a hearing set down before a judge and that can take up to 2 weeks to set down.

Also how long are the children supposed to be held? You've left a lot of info out of your question. Your exhibit A is all well and good, but home reckers took the children and did not place them with you. They probably are a bunch of jerks (and a lot of them work for home reckers, believe me). When a judge rules and orders on the children they will pay attention to the judge. It seems that judges are the only people they pay attention to as they think they are the almighty himself.

Dry your eyes, Granny, and start praying for some guidance and help from the Lord as you are definitely going to need some help in this matter from a higher source.

[Dispatch4599]

Have you spoken with an attorney about this?

Been trying to get one. When alot of them here DHS they aren't interested in the case.

You have a much better chance of having custody granted if you file a petition with the court in the county you live in with the help of an attorney. The DHS (or Home Reckers as I like to call them) are not so nicey nice people. Have a Judge decide this as soon as possible.

Once the State steps in and gets their grubby hands on children it's a real battle to get them back period. Also, why were they placed there in the first place? Where are the parents, in jail or wherever?

The youngest granddaughter got her leg stuck between the metal bars on her crib. My daughter tried to use soap and water to free them, to no avail. Panicking she pushed the legs through the bars and proceeded to the ER with her. That hospital took x rays and found no fractures and it was only inflamed tissue. They told her that if it began to swell and she was concerned to take her to the hospital or doctors office. Two days after the incident the knee swelled and she took her to a closer hospital (the first time she went they took an ambulance which meant a different hospital than the normal). The again x rayed the leg and said that it had been fractured and that there was two healing fractures of which no one had a clue she ever had them as the baby never gave any signs of them and I of all people would have known as I am at their house 3-4 times per week visiting and playing with the kids. DHS was immediately called and my daughter made to leave. I really don't know all the particulars because at this point I am only worried about the grandkids and my daughter is just a mess. She just gave birth to a little boy in October who died 12 hours after he was born because he was too early.

Do you have a husband and other children at home right now?

I am married and have 2 grown children at home, ages 18 and 19.

Lots of things come into play in a scenario like this. Call an attorney and ask for a consultation. Try to get an attorney who specializes in child custody matters if possible or even what they call "Family Law". Ask how much the one hour consultation is. It's usually $50 per hour in most cases. Bring any paperwork with you if you have any regarding the grandkids. At the consultation ask all the questions you want regarding what can be done. Ask what it's going to cost. Attorneys are not cheap and if you are financially strapped some attorneys take a retainer and then take payments. Some don't.

In a case like this it's not going to be easy wrenching the kids away from the state. It can be achieved, but not literally overnight like it should be. Nothing ever is with those people. You will have to have a hearing set down before a judge and that can take up to 2 weeks to set down.

Also how long are the children supposed to be held?

They say from 3 - 12 months. She hasn't had that hearing yet.

You've left a lot of info out of your question. Your exhibit A is all well and good, but home reckers took the children and did not place them with you.

This is what I don't understand. Why??? I thought grandparents were considered for placement before they allowed DHS to just do as they please. In fact, I am the one who had to start making tons of phone calls to them to see what I could do.

They probably are a bunch of jerks (and a lot of them work for home reckers, believe me). When a judge rules and orders on the children they will pay attention to the judge. It seems that judges are the only people they pay attention to as they think they are the almighty himself.

If that isn't the truth nothing is. They were trying to shut us down during the application before they even took all the information. Boy were they surprised that "these grandparents" are only 39 and 43. They were trying to pull the rug out from under us before they knew how old we were.

Dry your eyes, Granny, and start praying for some guidance and help from the Lord as you are definitely going to need some help in this matter from a higher source.

Oh believe me there have been prayers.

[twinkiedooter]

I just sent you a private message. Please read.