NOVEMBER 2025 | VOLUME 2 ISSUE 5 | | |
Gwendolyn Clegg
Children Should Be Seen and Heard!
Integral to OFR’s mission is to protect and defend the rights of children and youth through vigorous high-quality legal advocacy. The Oklahoma Office of Family Representation (OFR) provides interdisciplinary, culturally relevant representation to children and youth who are part of the Oklahoma child welfare system. OFR continuously seeks to refine and strengthen child advocacy wherever important decisions about children and youth are made including who the child may live with, where the child may live, where the child goes to school, who the child may visit and what connections to family and friends the child may maintain, where and what the child worships, where the child may play, what extracurricular activities the child may participate in, and medical decisions affecting the child. OFR’s representation of children, therefore, extends beyond the courtroom. OFR works to ensure that each child client is treated with the respect and care they deserve. OFR honors child clients’ stories, heritage, culture, and traditions. OFR ensures child client voices are centered throughout the legal process so children know that the justice system values them, values their families, and prioritizes their futures. Children should be seen and HEARD!
The Oklahoma’s Children Code directs children’s attorneys of their basic obligations and duties when representing children in child welfare proceedings. See O.S. Title 10 A Section 1-4-306.
2. a. The court may appoint an attorney or a guardian ad litem for the child when an emergency custody hearing is held; provided, that when a petition is filed alleging the child to be deprived, the court shall appoint a separate attorney for the child, who shall not be a district attorney, regardless of any attempted waiver by the parent, legal guardian or custodian of the child of the right of the child to be represented by counsel. The child's attorney shall be independent of and not selected by the district attorney, the child's parent, legal guardian, or custodian.
b. The attorney appointed for the child shall make arrangements to meet with the child as soon as possible after receiving notification of the appointment. Except for good cause shown, the attorney shall meet with the child prior to any hearing in such proceeding. The attorney may speak with the child over the telephone if a personal visit is not possible due to exigent circumstances. If a meaningful attorney-client relationship between the child and the attorney is prohibited due to age or disability of the child, the attorney shall contact the custodian or caretaker of the child prior to the hearing.
c. The attorney shall represent the child and any expressed interests of the child. To the extent that a child is unable to express an interest, either because the child is preverbal, very young or for any reason is incapable of judgment and meaningful communication, the attorney shall substitute his or her judgment for that of the child and formulate and present a position which serves the best interests of the child. Such formulation must be accomplished through the use of objective criteria rather than solely the life experience or instinct of the attorney. The objective criteria shall include, but not be limited to:
(1) a determination of the circumstances of the child through a full and efficient investigation,
(2) assessment of the child at the moment of the determination,
(3) examination of all options in light of the permanency plans available to the child, and
(4) utilization of medical, mental health and educational professionals, social workers and other related experts.
The attorney shall make such further inquiry as the attorney deems necessary to ascertain the facts, to interview witnesses, examine and cross-examine witnesses, make recommendations to the court and participate further in the proceedings to the degree appropriate for adequately representing the interests of the child. A child is a party to all deprived proceedings and is therefore able to participate as fully as the parents and the district attorney in all aspects of the proceedings including, but not limited to, voir dire, cross-examination, the subpoena of witnesses, and opening and closing statements.
5. The court shall ensure that the child is represented by independent counsel throughout the pendency of the deprived action.
O.S. Title 10 A Section 1-4-306. Furthermore, the Oklahoma Children’s Code provides children who are removed from their families and placed in foster care, rights for attorneys to defend when children are receiving services from the Department of Human Services. See O.S. Title 10A Section 1-9-119.1.
Children’s attorneys in the state of Oklahoma are obligated to enforce children’s legal rights in and out of court. The rights of parents to the care and custody of their own children are firmly established in U.S. Supreme Court precedent. Santosky v. Kramer, 455 U.S. 745 (1982). Numerous lower courts have also recognized the reciprocal nature of the child’s right to family integrity. J.B. v. Washington Cnty., 127 F.3d 919, 925 (10th Cir. 1997).1 Justice Stevens opinioned in his dissent in Troxel v. Granville, 530 U.S. 57, 88 (2000) “while this court has not yet had occasion to elucidate the nature of a child’s liberty interests in preserving established familial or family-like bonds, it seems to me extremely likely that, to the extent parents and families have fundamental liberty interests in preserving such intimate relationships, so too, do children have these interests, and so too, must their interests be balanced in the equation.”
The role of the child attorney in Oklahoma’s juvenile deprived proceedings is extremely important! As we have learned from youth experiencing Oklahoma’s foster care system, youth place a high value on having meaningful input in the decisions made about their lives. This input includes knowing their attorney’s name, how to contact their attorney, to be counseled on their legal rights, to be advised of crucial developments in their case, to attend court hearings and to be able to be seen and heard in all spaces but especially in court when decisions are being made about their future.
Children involved in juvenile deprived cases have a right to trial and appellate counsel. In the Matter of N.L., 347 P.3d 301 (2014), In the Matter of S.S., 90 P.3d 571(2004), O.S. Title 10 A Section 1-4-306. This right is meaningless if children’s attorneys do not uphold and demonstrate fidelity to every duty and obligation required under the law when representing children in child welfare proceedings.
Resources:
- https://naccchildlaw.org/product-category/publication/
- Seen, Heard and Represented: A Policymaker’s Guide to Counsel for Kids. 2023
- NACC Redbook – Child Welfare Law and Practice
- NACC Recommendations for Legal Representation of Children and Youth in Abuse and Neglect Proceedings
| | |
Shoutout to Jenny Sanbrano!
A former child client, now a foster parent, said that Jenny saved her life, and that her background with Jenny is why she chose to become a foster parent!
Jenny was also asked to be on the OK Institute for Child Advocacy Board! Congratulations!
| |
Shoutout to Cindy Dunn!
Cindy did an excellent job advocating for reunification with her client and case closure based on the lack of any safety threat to the children. In another case, she zealously advocated for her child client to have visits with his/her incarcerated father pursuant to the child's expressed wishes.
| |
Shoutout to Courtney Cagle!
In a case where the parent has completed the ISP and demonstrated a change in conditions, Courtney filed a motion for trial reunification or, alternatively, for DHS to specify in writing the safety concerns. Great use of motion practice!
| | |
Shoutout from Your Case Plan
Thanks to Stephanie Marston Younge, Axel Gould, Randi Mann, and Andrea Russell for being some of our top users this month. A special shoutout to Brian Bush for taking the time to learn more about the app through our training sessions. We appreciate your dedication!
— From the team @ YCP
| |
Shoutout to Vanessa Campbell!
Shout out to Vanessa Campbell for excellent expressed interest representation of her teenage client.
| |
Shoutout to Terry Allen and Kathy Baker!
Shoutout to Terry Allen and Kathy Baker for winning a show cause hearing!
| |
Anti-Shoutout to B.B. Boyer.
B.B. disturbed the candy on the OFR CIP vendor table despite warning that it would incur an anti-shoutout. Do better, B.B. LOL 🤣However, we want to congratulate her wife on becoming a Tulsa County judge!
| | |
Shoutout to Meg Wimberly and Bill Devereaux!
In July 2025, the case had been stuck at the supervised-visitation stage for nearly a year. Despite the mother’s strong and loving relationship with her child, progress toward reunification had stalled. Her own childhood experience in DHS care left her understandably wary of the system, which made it difficult to build the trust needed to move forward.
Over the past few months, that began to shift. With steady support and advocacy, she engaged more fully with DHS and her counselor, completed her services, and worked hard to strengthen those professional relationships. Overcoming those hurdles required sustained effort from everyone involved.
By mid-August 2025, she began overnight visits, showing consistency and stability in her parenting. On September 30, 2025, her child was finally able to begin Trial Reunification at home.
This progress reflects a mother’s determination, a child’s resilience, and the impact of coordinated advocacy in helping a stalled case move toward lasting stability.
Incredible work by the team in Garvin County!
| | |
From Kimberly Kay, Social Worker - Region 4: A Heartfelt Thank You to OFR & LASO
As I continue through my training, I want to take a moment to express my sincere gratitude to the incredible professionals at OFR and LASO who have made this experience so impactful.
From the very beginning, Priscilla Minor-Thoms, Social Work Director of Region 5, has been a guiding force. Her leadership throughout my onboarding has helped me navigate a wealth of information, webinars, and resources — but more importantly, she’s helped me connect the dots between theory and practice for this specific position.
While I’ve led multi-disciplinary teams before, it wasn’t until I began attending our Monthly Meetings, Team Meetings, and Court Observations that the training truly began to take shape. Observing Social Worker Regan Boggs court appoints and joining meetings with Regan, Andrea Russell, and their Parent Mentors — that included various attorneys — has brought the work to life in ways that made the Social Worker’s tasks applicable.
I’ve watched each professional — mentors, social workers, attorneys — exhaust every resource available for the families they serve and then dig even deeper — squeezing blood from turnips, so to speak. Their dedication, creativity, and compassion have reaffirmed my belief that I’m exactly where I need to be.
I write this to say: THANK YOU. Thank you for welcoming me aboard and allowing me to shadow some of the best in the helping field — as we support families on this wild ride through the intersections of the legal system and social systems, all while getting them the help they need with dignity and respect.
| Have you done something awesome? Do you have a good story? Share it here! | | |
Tamera Reuber, Region 2 Managing Attorney for Child Representation
Holiday Harmony: Written Family Time Plans
As the holidays are quickly approaching, it is a good time to ask ourselves if we are focusing on the right things regarding family time (visitation). For a system which is intrinsically supposed to be centered around the child and ensuring the child’s safety and emotional well-being, the focus is too often placed on the parents and their perceived shortcomings rather than the child.
Family time is a prime example. It is frequently used as either a reward or punishment for parents with little regard for what the child wants or what the child needs. Title 10A, caselaw, and even OHS policy provide that structured and clearly documented family time isn’t just best practice – it is a key component of reunification and permanency planning.
Despite this, the minimum number of visits allowed seems to be the norm rather than the exception. Practical factors such as transportation, schedules, and caseworker availability generally determine the family time plan (if one even exists) rather than factors such as the child’s safety or emotional well-being. This is never truer than during the holidays.
Think about it from the child’s perspective. Many (if not most) of the children in the juvenile deprived system love their parents (despite the situations they came from), their siblings, and their extended families. Being taken from their families, homes, friends, schools, and extended family can be very traumatic for children. If it is safe to do so, wouldn’t it be best for the child’s emotional well-being to be able to visit with his/her family in general, but especially during the holidays? Even young children recognize that family is an important component of Thanksgiving and Christmas, yet holiday visitation is seldom a consideration in deprived cases. Regardless of how anyone feels about whether a parent deserves visitation, the child does - period. And both still have that right.
10A O.S. § 1‑4‑704 and OAC 340:75-6-40.4 require that OHS prepare and maintain a written Individualized Service Plan (ISP) for every child adjudicated deprived. They further mandate that the written ISP includes a plan and schedule for regular and frequent visitation for the child and the child’s parents and siblings unless the court has determined that visitation would be harmful to the child.
What can be done to maximize visitation and obtain holiday family time?
1. Ensure Visitation/Family Time is Embedded in the ISP
- At the dispositional hearing or as soon as feasible post-adjudication, confirm that the ISP includes a visitation schedule and plan for parent/child (and sibling) family time.
- If the ISP is silent or vague during the holiday period, move to ensure that an amendment or supplemental written plan is implemented.
2. Draft a Stand-Alone Written Family Time Plan (Holiday Addendum)
-
Even if the ISP contains a visitation section, create a clear and separate holiday-specific family time plan (November through January) that supplements the ISP.
- Include specifics: dates, times, locations of visits, transportation arrangements, supervision level, holiday event participation, allowance of phone or video communication, back-up plan if weather, illness or scheduling conflicts arise.
- Label it clearly as a holiday addendum to the ISP and attach it to a motion filed in the case.
3. Use Clear, Measurable, Written Language
- Avoid vague terms like “as agreed by parties” or “subject to availability.”
- Make the plan measurable (time, place, participant), and realistic (considering parent’s work schedule, child’s school commitments, travel distances).
4. Maintain Reunification Goals & Monitor Compliance
- The written plan should align with the goals in the ISP (e.g., increasing parent-child bonding, reducing supervised time, moving toward unsupervised visits).
-
Document in case notes whether the family time occurred as scheduled, whether deviations were timely communicated, and the reasons for any missed time — this documentation will support advocacy in future hearings and permanency reviews.
5. Incorporate Holiday Flexibility with Structure
- Holidays often bring schedule conflicts (travel, family events, inclement weather). While flexibility is key, structure prevents confusion.
- Add a clause for a make-up visit if a scheduled visit must be cancelled.
6. Ensure All Parties Receive a Copy & Acknowledge the Plan
- The ISP requirement includes furnishing it to all parties. Make sure the holiday family time plan is distributed to all parties as well.
- Have signatures or acknowledgement lines (or email confirmations) so the plan is not just drafted but accepted.
The written ISP is the anchor, but a tailored, holiday-specific written family time plan considers the child and may help give the child a sense of normalcy. It will also provide clarity as a tool you can use to monitor and advocate. Build it early, make it specific, distribute it broadly, and use it.
| | |
The Impact of a Youth Mentor, Ashley Bennett
In my role as a Youth Mentor, I have worked hard to advocate for the youth I work with. One of my clients in particular wanted to be with their older sibling. There have been two constant things I've heard from this youth since coming onto their case and they were; going to public school and being with their sibling. I am so happy to say after almost a year of hard work both of these things have officially happened. It definitely was not easy.
This client has been moved all over Oklahoma. Most recently this client was moved 2.5 hours away from their team and from any family after being moved around Tulsa. No one was communicating, there were constant switches in the workers on board and even a switch in attorney. Due to all of this, the attorney was not receiving the proper updates and was not even made aware the client was moved because neither the placement nor any workers had called or sent the attorney the proper paperwork. However, after many phone calls and several hours I was able to track down the client and inform the attorney. I wish I could say this is the only time this has happened but that is not the case, this has happened before when this same client had gone AWOL. The only reason anyone on the team knew is because of the regular calls I made to speak with this client. Throughout all the changes in personnel on this client's case, myself and the social worker have been some of the only constants and have continued to support this client in home and court settings.
It is my job as a Youth mentor to connect with our youth and become a bridge between client and attorney. As someone who has grown up in the system I have a unique understanding as to how these kids' minds work. This allows me to better advocate for their wants and needs and gives me a passion to go above and beyond.
| | Resources for those facing food insecurity: | | |
Region 2
Trinity Baptist Church: 1329 NW 23rd, Oklahoma City
Oklahoma City First Church: 4400 NW Expressway, Oklahoma City
Mid-Del Food Pantry: 322 N Midwest Blvd, Midwest City
The Urban Mission: 3737 North Portland, Oklahoma City
ATS Counseling: 1625 W. Owen K. Garriott Ste. F, Enid
Baptist Mission Center, 2125 Exchange Ave., Oklahoma City
Christian Service Center, 115 SW 24th St., Oklahoma City
First Baptist Moore - Care Center, 301 NE 27th St., Moore
St. Andrews Catholic Church, 800 NW Fifth St., Moore
| | | | |
In the Matter of I.C.
REVERSED AND REMANDED
Father asserts he was not provided adequate notice that his failure to appear in court on constituted consent to termination of his parental rights. Father, while present at the hearing on his Motion to Set Aside Default Judgment, was personally served with the Third Amended Petition in open court. Father, however, did not at that time receive the statutory notice required by l0A O.S.2021, § 1-4-905. That is to say: Father did not receive a notice simultaneous to service of the Third Amended Petition which contained the future hearing date/time/place regarding termination of his parental rights, nor which clearly outlined the consequences of his failure to appear at the termination hearing in compliance with the proper statute. The language of l0A O.S.2021, § l-4-603(B) contained in the Permanency/ Review Order of does not make mention that a failure to personally appear at this hearing constitutes consent to the termination, thus it does not rise to the level of specific and consequential notice mandated for termination of a parent's rights to his child. Given that Father was not served statutory notice as to the potential termination of his parental rights in advance of the scheduled trial on January 13, 2025, Father's fundamental and constitutional rights to due process were violated, and the trial court's default judgment cannot stand. Read full opinion
| | |
In The Matter of C.L., H.C., and S.C., Alleged Deprived Children
Mother and Father appeal the court's order terminating parental rights after a bench trial. They allege that the state failed to present sufficient evidence to terminate rights and that the trial court erred by not providing sufficient remedial services. Upon review of the record and the applicable law in this case, COCA finds that the state presented clear and convincing evidence of heinous and shocking abuse upon which the trial court could reasonably form a firm belief or conviction that grounds for termination were proven. Therefore, COCA affirms the court's orders terminating parental rights. Read full opinion (Mother); Read full opinion (Father)
| |
In the Matter of K.D.
Mother appeals from the order terminating parental rights following jury trial. K.D. was removed from Mother's custody after one of her children reported sexual abuse by a family friend who provided childcare for the children. Mother took the child to the hospital and reported the alleged abuse to the hospital and the police. Mother's rights were terminated on the ground that K.D. was in DHS custody for at least six months and deterioration of relationship. Mother argues error in the Jury Instructions, but COCA finds that they clearly instruct that the jury is required to find, beyond a reasonable doubt, supported by the testimony of at least one expert witness, that returning the child to Mother's custody would result in serious emotional or physical harm. Jury Instruction 18 "merely instructs the jury that simply because a witness has been qualified by the court as an expert, it does not mean that the expert is omniscient or infallible or that their opinions must automatically be believed and followed. If the jury does not find the expert witness to be credible, then the jury is not required to agree with the expert's testimony." Mother also argues active efforts requirement was not met, but COCA finds the Choctaw Nation offered housing and childcare at no cost, help obtaining employment, and gas vouchers when Mother moved out of state. COCA affirms. Read full opinion
| |
In the Matter of K.Y.R., K.X.R., K.Z.R., Alleged Deprived Children
Father appeals the termination of his parental rights. Father raises three claims of error: the evidence failed to prove continued custody by Father would likely result in serious emotional or physical damage to the children beyond a reasonable doubt; the trial court violated Father's due process rights when it found Father was unable to represent himself during voir dire; and the trial court abused its discretion when it allowed sworn testimony into evidence. COCA finds the evidence overwhelmingly demonstrated a relationship between the conditions of Father's home and the emotional and physical damage that would occur to the children if Father had continued custody. As far as self-representation, the court allowed Father to represent himself after voir dire, he acquiesced and specifically told the trial court he would prefer to continue his trial and declined the trial court's offer to dismiss the jury and begin anew. Finally, the sworn testimony was used due to the witness' refusal to appear due to concern for her safety and was thus unavailable. COCA affirms. Read full opinion
| | |
In the Matter of T.L.C., A.P.C.
Mother appeals the termination of her parental rights. The jury determined clear and convincing evidence supports best interest due to mental health instability and time in care. The main issue argued in this case is that the trial court erred when it failed to sustain her motion in limine to exclude evidence that Mother is a registered sex offender. Mother raised this subject for the first time during voir dire; she failed to object when State's witnesses discussed this subject at trial; and Mother failed to offer proof regarding this subject; thus, this allegation of error is not preserved for appeal. Mother also asserts she was denied the right to a fair trial by an impartial jury because the court failed to disqualify potential jurors who stated their bias during voir dire towards registered sex offenders. Because this subject was first raised by Mother during voir dire, Mother may not seek reversal on appeal for the error she invited because it does not plainly appear the jury's verdict was influenced by this subject. State did not seek to terminate based upon her status as a registered sex offender. COCA affirms. Read full opinion
| |
In the Matter of A.R., D.R., Alleged Deprived Children
In these consolidated appeals, Mother and Father appeal the decrees terminating their parental rights following jury trial. Both parents allege that the state failed to prove that active efforts were made to reunite the parents with their children. In its analysis, COCA states there is not a definition of active efforts, but this is not the case. There are Federal Regulations that define active efforts (25 CFR § 23.2, § 23.120). Father argues violation of due process due to the addition of conditions to correct, but the petitions and termination order do not contain the said additional conditions. COCA affirms. Read full opinion
| |
In the Matter of J.B., S.B., M.B., L.B., Alleged Deprived Children
Mother's parental rights were terminated to all four children on the grounds of abandonment; failure to correct the conditions of possessing/using illegal drugs, neglect, mental health instability, and threat of harm; and foster care placement for 15 out of 22 months. Mother argues the court failed to properly consider her cancer diagnosis and treatment under the Americans with Disabilities Act. The record shows the court considered Mother's health during the deprived adjudication and at trial. COCA had previously ruled on Mother's circumstances, and found nothing in the record to indicate Mother's circumstances changed in a material way so to necessitate a different analysis. Mother also alleged hearsay, but COCA's review of the transcript revealed the testimony was not outside the bounds of permissible testimony. Finally, Mother argues she corrected the conditions that led to the children's removal because she completed the items on her individualized service plan. But, just as failure to perform an ISP is not conclusive proof of the need to terminate parental rights, completion of an ISP does not automatically prove that the conditions that led to the deprived determination no longer exist. COCA affirms. Read full opinion
| | Interested in being notified as appellate decisions are made? Sign up for OSCN's mailing list using this link. | | |
Courtney Jordan - Trial Attorney, Tulsa
Courtney R. Jordan is the founder of Suli Law, PLLC in Tulsa, where she focuses on federal criminal defense and federal Indian law. Before opening her own firm, she served as an Assistant United States Attorney and counsel for the Cherokee Nation. Her work is guided by a deep belief in second chances and the importance of cultural connection, advocacy, and justice in Indian Country. Courtney is passionate about helping families and individuals navigate complex legal systems with compassion, integrity, and purpose.
| | |
Allegra White - Parent Mentor, Region 2
My name is Allegra White . I am a 34 year old single mother to 3 wonderful children , Brylan 14 years old , Avery 11 years old and Rayden 9 years old. My life has been a challenge since the age of 5 when my bio mother gave me up for adoption. Regretfully at the age of 13 I made very poor decisions and have been paying the price ever since. Through tough love from my parents and family. I have now been sober 2 years, being the best mom I can be. I strongly believe that because of my choices and addiction that I can share firsthand that anyone can achieve their goals in life.
| | | | |
Valerie Tovar - Social Worker, Region 2
Valerie Tovar, MSW, is a dedicated advocate and leader in the foster care and developmental services systems. With over a decade of experience, she champions equitable outcomes and systemic reform through compassion, collaboration, and policy insight.
A graduate of California State University, Bakersfield, Valerie has served as a social worker, Foster Family Agency District Administrator, and Foster Parent Trainer with Bakersfield College, where she equips caregivers with tools for trauma-informed and resilient care.
As C.A.R.E. Program Director at the JD McCarty Center for Children with Developmental Disabilities in Norman, OK, she leads statewide efforts connecting families to vital resources and supports. Guided by the belief that meaningful change begins with informed, compassionate action, Valerie continues to advance equity and healing for children and families.
| | |
Now available on our practice resources page:
How to Effect Service on Foreign Nationals; Complied by Retired Judge Doris Fransein
How to Effect Service on Mexican Foreign Nationals; Complied by Retired Judge Doris Fransein
| | Halloween with the Pets of OFR! | |
| How did you like this email? | | | | | | |