Friday morning(11-20-09)I did get a response from DHS. Don Bingham (pictured below)is one of the DHS attorneys that went before the 10th Circuit Court of Appeals on 11-19-09.

Cathy, I’m sorry that I was tied up yesterday and was not able to check my email. I’m still in Denver but I appreciate the opportunity to comment on the appeal that was argued here yesterday before the 10th Circuit Court of Appeals. As you know, in May of this year the federal judge in Tulsa ordered that the case filed by Children’s Rights against the Oklahoma Department of Human Services should proceed as a class action. The certified class of plaintiffs consists of all children who are or will be in the custody of OKDHS as a result of abuse or neglect in their own homes. The current number of such children in the custody of OKDHS is approximately 9,000. OKDHS filed an appeal of an order issued by the Tulsa federal judge that held OKDHS must defend this lawsuit as a class action to deal with the complex and individual situations of such a large, diverse group of children. After appeal briefs were submitted to the 10th Circuit Court of Appeals in Denver, lawyers representing Children’s Rights and lawyers representing OKDHS appeared in person yesterday in the appeals court here, for the purpose of presenting oral arguments and answering questions from the appeals court judges. The legal reason for filing the appeal was that OKDHS attorneys did not agree that this large group of foster children, who live in many different settings and who require special planning and care, should be treated as a class, and believed that the legal requirements for creating a class action had not been satisfied by Children’s Rights. The public policy reason for filing this appeal was the concern of OKDHS that a class action approach to improving Oklahoma’s foster-care system would result in the unnecessary expenditure of many thousands of dollars in attorney fees for the State, many thousands to conduct what is called “discovery” of evidence during the lawsuit, and many thousands in preparing for and presenting a defense in a trial that will be lengthy and expensive. Although OKDHS is constantly striving to improve its care of Oklahoma foster children, we simply do not believe that any policy or practice of OKDHS violates the Constitutional rights of any foster child, let alone the 9,000 for whom OKDHS provides care. In providing so many services to so many children, OKDHS personnel have made mistakes and errors in judgment, but those mistakes are examined and used to find better ways to protect and serve the children in our custody. OKDHS also communicates with Oklahoma juvenile court judges, who ultimately decide where and with whom a foster child will live. It will take a continued, focused effort on the part of OKDHS, the State Courts, law enforcement, and the private sector to continue the significant progress and improvement in foster care that has been achieved in the past few years. We continue to believe that unless Constitutional rights of children are violated, the law does not authorize a federal court to (in effect) take over the Oklahoma foster-care system and manage its day-to-day operations and oversee the wide variety of services provided daily to literally thousands of unfortunate children. We remain confident that both the Tulsa federal judge and the 10th Circuit Court of Appeals will follow the law that governs the creation of a class action.
(Cathy’s posting 11-19-09)
The 10th Circuit Court of Appeals in Denver is hearing an appeal of class action status granted to a case that alleges all children in DHS foster care are in danger of abuse an neglect.
The case was filed by attorneys from New York and Oklahoma more than a year ago. In early 2009, a Federal Court Judge in Tulsa did grant class action status, but the action was stayed pending the outcome of the appeal to the 10th Circuit Court.