Oklahoma DHS Loses Bid To Have Federal Lawsuit Thrown Out

A federal judge in Tulsa ruled against the Oklahoma Department of Human Services Friday in a lawsuit filed by a New York child advocacy group.

Children's Rights says it applauds the ruling by Judge Gregory Frizzell issued on December 16, 2011, rejecting DHS' request to dismiss the case on the basis that it interferes with the Oklahoma family courts.

The ruling comes two weeks after Judge Frizzell dismissed parts of the case.

12/2/2011:  Related Story:  Oklahoma DHS Claims Victory After Judge Throws Out Part Of Suit

Children's Rights filed the suit in February 2008, on behalf of the more than 10,000 abused and neglected children statewide in DHS foster care.

"In allowing this case to go to trial, Judge Frizzell has demonstrated a clear understanding of just how dangerous and damaging the Oklahoma child welfare system is to its foster children, and how they can only rely on the federal court to protect them," said Marcia Robinson Lowry, executive director of Children's Rights, according to a news release from Children's Rights.

"We respect the ruling's careful analysis, which demonstrates respect for the rights of Oklahoma's children," Lowry said.

In the ruling, Judge Frizzell found "the general forms of relief requested by plaintiffs do not pose a risk of interference with state court proceedings," including case load limits, education and training of DHS employees and foster parents, additional foster homes and improved safety monitoring.

Read The Judge's Ruling

"The court refused to reject any of the remedies we have sought to protect the state's children," Ms. Lowry said. "The state asked the court to reject all of these remedies. They lost resoundingly."

The case has led to pitched legal battle over the past four years:

• Judge Frizzell denied a motion by DHS to dismiss the case in January 2009.  
• He ruled in May 2009 that the case could proceed as a class action. DHS appealed that decision and lost.
• In July 2011, DHS once again tried to have that decision reversed by Judge Frizzell; he refused.
• On December 1, 2011, Judge Frizzell ruled that the class action suit could move forward on a single claim; that the Oklahoma child welfare system violates the constitutional rights of all children in DHS custody by subjecting them to harm or an imminent risk of harm.

The suit is scheduled to go to trial in February.