OKDHS Responds to 10th Circuit Court of Appeals Decision

TULSA -- Lawyers for the Oklahoma Department of Human Services today announced they received a decision from the U.S. Court of Appeals for the 10th Circuit upholding the trial court’s decision in the Department’s pending appeal in D.G. v Henry. Don Bingham, attorney for the Department with the Tulsa-based firm of Riggs, Abney, Neal, Turpen, Orbison & Lewis, Inc., said the decision was a procedural one.
“The decision involves a narrow point of law that affects class action lawsuits,” Bingham said. 

The ruling holds that the district court did not abuse its discretion in allowing the case to remain a class action because it is bound by the facts in the plaintiff’s complaint, not by whether the allegations were proven or provable.

The 10th Circuit Court noted in oral arguments that the trial court could decertify the class at any time. 

“The 10th Circuit explicitly found that ‘the district court’s certification decision is a preliminary one,’” Bingham explained.  “All Children’s Rights had to do to prevail was allege that a question of fact might exist.”

Bingham said the Department continues to be proud of its commitment to continuous improvement and child safety. 

“We look forward to the opportunity to demonstrate to the court’s satisfaction that this litigation is unnecessary. We remain confident that the ultimate resolution will find that OKDHS provides excellent care for children, without the need for lengthy, expensive litigation and federal court oversight,” he said.

The Department has one of the nation’s highest rates for agency visits to children in care. Oklahoma also maintains one of the highest adoption rates per capita. 

For more information, visit the OKDHS Fact Sheet.

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