My question involves child abuse or neglect in the State of: Oklahoma
About 2 months ago child protective services came to my home and took my biological children and my nephew, who I was fostering because he was removed from my sister temporarily due to his behaviors. They removed them because an allegation of sexual abuse was made against me from a 17 who is now in DHS custody. A few days after this the police got a search warrant and removed electronics, computers, and etc. After a few weeks the police called my attorney and told him that their investigation is completed and that I can pick up my stuff from the property officer. They also told him that DA isn't going to press charges due to there being no evidence. I think the reason why the police got the search warrant was because my attorney wouldn't let me talk to them saying that they're just trying to build a case.
I had to go to a show cause hearing which nothing was discussed just that this 17 year old was forensically interviewed and that they believe my children need to remain out of home. They also forensically interviewed my children and my nephew and they said that nothing has happened to them. However, the juvenile da has filed a petition to adjudicate my children as deprived so I had to go to a adjutication hearing where they asked if I stipulate to the allegations and work a treatment plan to get my children back but not my nephew ever. Of course since all this is a lie I refused to stipulate and now we have a bench trial, since I'm not allowed to a jury trial unless they plan on terminating my parental rights, which they say they aren't.
The allegation is that at some time last year when he was 16 I had sex with him, which isn't true. As a matter of fact I helped aunt get guardianship of him 2 years prior and in less then 3 months of him being with aunt I assisted with getting DHS involved after we got him hospitalized due to him assaulting aunt and other children in the home. He has a long history of violence, sexual inappropriate behaviors, and numerous mental health diagnosis. I haven't had contact with this child since aunt and earlier this year aunt called me saying that they were looking for placement of him since mom fought DHS 2 years ago stopping them from taking him into their custody. I guess mom gave them aunts name and mine when he was released from another mental health clinic. Of course I refused because I can't handle him and aunt refused so DHS now has custody of him, since no one took him in.
I do have a few questions about this situation since CPS removed my children and even though they say nothing ever happened they are still pushing this forward even though the detective called them and said nothing has been found how can they continue to go after me and my children in juvenile court?
If this child was 16, when he claims the incident happened, and he was not in my custody or DHS custody at the time then why can juvenile court be involved? Should my attorney not make a motion for dismissal or something?
4. State response
The Department of Human Services is responsible for investigating all reports that it receives of child abuse. If the Department determines that the abuse was not perpetrated by someone responsible for the child’s health, safety, or welfare the case should be referred to the local law enforcement agency.14
14 Oklahoma Statutes, Title 10,§ 7003-1.1
Please help any assistance is appreciate.