We have had a big battle with DHS. And the child welfare supervisor on our case stated in testimony that half of her child welfare workers are incompetent. Well, if they are incompetent anything they have said should be invalid correct? And if they are incompetent, that is the reason why there weren’t reasonable efforts to maintain the children with family before resorting to foster care when there were so many family members willing and able to take care of the children. So, is she saying we have lost almost 3 years with the children that we will never be able to get back because the workers are incompetent?
I assume this was court supervised with regular status hearings. Unfortunately, based on what you say, it is very unlikely that OKDHS will have civil liability. I think you would need more specific evidence than one OKDHS staff person's opinion that most OKDHS workers are incompetent. This is a complicated area of law, and I think you should have you case reviewed by a lawyer. There could be grounds for vacating existing orders and/or getting reunification approved.
DHS has immunity from civil liability as a matter of statute. It takes something truly extraordinary to be able to sue individual caseworkers, but there may be a basis for a suit against the department itself. You should speak with an attorney.
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