With Court Oversight in the Rearview Mirror, Oklahoma's Child Welfare System Looks Ahead

The Oklahoma Institute for Child Advocacy applauded the state's release from federal court supervision but acknowledged the serious work ahead

The state no longer must answer to a federal judge over the performance of its foster care system, but a shortage of foster families and a regular population of children coming into state custody mean policymakers can't celebrate just yet. Photo credit: Reagan Punty.

Foster care is a crucial part of the child welfare system, which was designed to provide temporary homes for children who can’t safely remain with their biological families. 

For the approximately 6,000 children who are in the state's foster care system on any given day, according to the Oklahoma Department of Human services, staying in shelters and shuffling between foster families is their reality. The state's legally required goal is to return the children to their biological parents. When that isn't possible, the state must work to place children with a safe, loving, long-term foster family. But a shortage of foster families and a steady number of children taken into state custody have made achieving these outcomes extremely challenging.

Blame Oklahoma's high rates of poverty, incarceration, untreated mental illness or drug abuse. Blame the weakening of the traditional family structure. Blame society as a whole. Blame insufficient reimbursements to foster parents. The truth is, there are many reasons why so many children end up in foster care, making easy fixes impossible.

Foster care evolves

The process begins with Child Protective Services assessing the safety of children at risk of abuse or neglect. This is the stage in which the state receives a complaint.

Joe Dorman, the CEO of the Oklahoma Institute for Child Advocacy and a former state legislator, explained that the main reason a child will go into foster care is because of abuse or neglect.

“There will be a report to DHS. DHS will go into the home and investigate, and if it rises to the level where a child must be taken from the parents, they are taken and placed into a foster care situation," he said.

The primary objective is to safely reunite children with their families whenever possible, all the while ensuring they receive the necessary support during their time in care, he noted.

Oklahoma made headlines in March by being released from federal court oversight of its foster care system, marking a significant milestone in child welfare. This progress aligned with the goals of the 13-year-old Pinnacle Plan, aimed at improving care for vulnerable children. In a news release, DHS said it had reduced the number of children in foster care from roughly 11,000 in 2014 to around 5,800 in March.

This graphic from the Oklahoma Department of Human Services shows substantiated neglect claims by category for fiscal year 2023. Children may be removed from their homes in cases of substantiated neglect.

“The Pinnacle Plan really did set forth a great standard for improvement," Dorman said. However, he stressed that the milestone also highlighted the ongoing need for vigilance and reform to address remaining challenges.

The OICA plays a role in this evolving landscape. OICA was created in 1983, as the result of a lawsuit against the state for the conditions faced by youth that were in the care of the state. The organization advocates for policies that enhance the foster care system and collaborates with state agencies and community organizations.

Dorman described a child in state custody who took a firearm from a law enforcement officer and used it to shoot himself. This, he said, points to the need for greater mental health resources for children in foster care.

"We need better mental health care for youth in state systems. I would argue we need better mental health care in every system out there, including public schools, private schools," he said.

He also said is familiar with cases of children having to spend the night at county DHS offices or in caseworkers' homes because of a lack of foster families.

Still, there are positive signs. Dorman pointed to an increasing awareness that children can be poor but still live in safe, caring homes.

"There actually have been changes at the national level that are bleeding down into the states, where poverty is not considered a valid reason for removing children from a home. It truly needs to be an abuse situation, or a legitimate neglect situation. Poverty doesn't count," he said.

But, he said, many people making complaints (as well as some caseworkers) equate poverty with neglect. Educating them otherwise is one of OICA's priorities.

OICA is also pushing for Oklahoma to adopt a Texas-style Child Protection Courts system, with judges who are trained specifically to handle such cases.

One of the biggest obstacles to reforming child welfare in Oklahoma is the insufficient number of foster homes. In a May news release, DHS said it needed more than 400 additional foster homes throughout the state.

ENN reached out to DHS, but the agency stopped responding to requests before an interview could be arranged.