My question involves guardianship in the State of: Oklahoma
My husband and I have Emergency Temporary Guardianship of our niece, who has lived with us since the day she left the hospital. This is a court ordered guardianship with visitation for the mother on weekends with a 48 hour notice. My husband brought the baby down today, Friday 6/15/2012 to his sister, the mother. She got upset over the fact that the baby's Sooner Care Medical Insurance was used to get the baby's shots and medicines that She, the mother should have gotten done.
The Department of Human Services was called in by the police because the mother had bruises and a black eye, when the mother came two weeks ago and ripped the baby out of our house. We also called DHS on the mother because the house she is living in is not safe for the baby. The mother has a child who will be 4 in August. The DHS investigator told the mother that she needed to get the baby's shots done, which she did not do. She relinquished the baby to us and we immediately sought Emergency Temporary Guardianship, which we were granted. We have a court date set for about 10 days from now for full legal guardianship.
I called the Health Authorities from Sooner Care and was informed that the baby's Sooner Care was good until the end of the month, but that I would have to reapply. Which I am in the process of doing. So, I took the baby yesterday and got her Well Baby check up done and her shots done. She was 2 months behind and they were her second set of shots. I picked up all her medicines from the pharmacy because she has allergies, a yeast infection and acid reflux disease and she needed the medicines.
The mother is now angry about the Sooner Care being used and is now threatening to keep the baby until the court date in 10 days. We called the police and we were told it is a civil matter, not criminal and all we can do is try and locate her and get the baby back and/or wait until Sunday when she is supposed to give her back to us and then call the police. The police officer suggested we call DHS an let them know the mother is not playing by the rules of the visitation.
My questions are these: What rights do we have in getting the baby back? Can she be arrested if she refuses to give back the baby? Who do we call to try and terminate her parental rights or do we wait until the court date and present all this to the judge, especially if she does not give the baby back? Do we go see the judge Monday morning, DHS, a lawyer? Help, she has been holding this baby over our heads and we just want what is best for the baby. Again, we have had her since birth. She knows us as mommy and daddy and the mother has only seen her 4 times since, except for the week she had her two weeks ago. I really need advice on this. We appreciate any help.