OCCY

This report is a confidential report, but the media released it. The media has released many confidential reports in this case, but they've primarily released ones that some think shed a negative light on Raye Dawn.

On May 2, 2005, the OSJO received a complaint alleging DHS allowed a child, Kelsey Smith-Briggs, visitation with an abusive parent. On May 9, 2005, the OSBJ received a complaint alleging a grandfather was not given information by the DHS regarding his guardianship status. On June 6, 2005, the OSJO received a complaint alleging a child suffered from abuse and neglect while in the custody of the DHS. Upon imitation of the investigation, the OSJO received additional calls of complaint and inquiry from collateral sources. Following the third inquiry, all complaints regarding Kelsey Smith-Briggs (previous and subsequent) were considered and included in the complaint investigation initiated May 9, 2005.

· Eastern Oklahoma Youth Services-Comprehensive Home Based Services (CHBS) Case Manager

On Monday January 17, 2005, at 12:58pm, referral 961635 was received by the DHS regarding Kelsey Smith-Briggs, a two year old child. The referral was assigned as a Priority One. A reporter alleged that Kelsey had a broken collarbone, bruising on her face and body, and abrasions on her bottom and neck. According to the reporter, the child had fallen out of bed on January 8, 2005, while sleeping at home. Kelsey was taken to the emergency room in Shawnee at Unity North Hospital. The reporter also stated that Meeker Police were called and took a report. The child was not placed in protective custody because she was with the grandparents over the weekend. Allegedly, the bruises on the child were different ages and some were fading.

A second referral was received on the same day, January 17, 2005 (Referral 961655). The reporter alleged Kelsey was covered with bruises and had a broken collarbone. Allegedly an emergency room staff person stated the injuries the child sustained were in various stages of healing and could not have been caused by one fall. Referral documentation indicated the biological mother went to the Meeker Police and insisted the child had no marks on her when given to the father’s family. Allegedly, the emergency room physician stated the injuries were more consistent of a beating with an object such as a hair brush. The referral was combined with open referral 961635.

Hospital records from Friday January 14, 2005, documented that DHS and law enforcement were notified regarding Kelsey’s injuries. DHS has no record of this referral. Police reports regarding this incident were provided to DHS on January 19, 2005.

On Tuesday January 18, 2005, Kristal Johnson, intake worker for Lincoln County Child Welfare, telephoned Kelsey’s daycare provider at 11:12 a.m. but, was told Kelsey was not in attendance. The daycare provider reported that Raye-Dawn Smith (Kelsey’s mother) had called and informed her Kelsey had a doctor’s appointment and would not be attending a second attempt

to contact the family at the mothers apartment at 12:05 p.m. also failed. The intake worker contacted the daycare provider the following day and again Kelsey was not there. The provider reported she did not know why Kelsey was not attending.

According to Kristal Johnson’s report, the provider stated that she had some concerns about some of the bruises Kelsey had when she came back from visiting her father’s house. She reported seeing bruises on her knee and on her bottom that looked like finger prints. (According to court transcripts dated Friday February 4, 2005, the provider reported her concerns to Janette Tyler, the DHS daycare licensing worker, The provider stated Janette instructed her to “turn it in”. DHS Documentation does not record the provider’s report. In an interview with OJSO, Janette Tyler could not recall the reported conversation.)

Kristal Johnson reported an interview with Kelsey on Wednesday, January 19, 2005, at 11:30 a.m., in the DHS county office. Upon request, the mother removed Kelsey’s clothes for examination. The worker reported the “Child’s physical condition is good”, and noted fading bruises on her left thigh and bottom. The mother reported that Kelsey had broken her collarbone on Saturday January 8, 2005. She observed bruising to Kelsey’s face above the right eye brow, and swelling to the collarbone on the right side, but she did not believe Kelsey to be hurt. The following morning Raye Dawn Smith went to work and left Kelsey at Mildred Fowler’s house. (Kelsey’s great-grandmother) The child was not taken to the doctor until Raye Dawn Smith returned from work that evening.

Raye Dawn Smith also interviewed on January 19, 2005 at 5:00p.m. at her home. The mother signed a voluntary service agreement to leave Kelsey with Mildred Fowler for the night.

Mike Porter was interviewed at 5:30 p.m. on January 19, 2005. He was at Raye Dawn Smith’s home at the time of the interview. Mike Porter stated Raye Dawn Smith told him Kelsey had climbed out of her bed and had broken her collarbone. Mike porter reported that he was never alone with Kelsey. On the day of the interview, Mike Porter’s children were also present in Raye Dawn Smith’s home.

Kristal Johnson interviewed the emergency room physician, Dr. Carl Griffen, on Wednesday, January 19, 2005. Dr. Griffen stated Kelsey had a bruise on the right side of her face that was not consistent with the fall from the bed, but the physician could not with certainty indicate if bruise resulted from abuse.

On Monday, January 24, 2005, Raye Dawn Smith contacted Kristal Johnson to inform her she had taken Kelsey to the doctor (Dr. Debra Katcher) the previous Friday, January 21. The mother reported blood tests had been completed to determine if Kelsey had a condition that could cause her to bruise easily. The same day, a petition for appointment of guardian of a minor child was filed and granted in Lincoln County, naming Royce and Kathie Briggs, the paternal grandparents. Judge Craig Key signed an emergency special letter of guardianship, naming Kathie Briggs as the temporary guardian and set the hearing for February 4, 2005. Kelsey’s first guardian ad litem, Sheila Kirk, was appointed by the court on January 24, 2005.

Kristal Johnson interviewed Lance Briggs on Monday, January 24, 2005. Lance reported that during their marriage, Raye Dawn Smith and he would drink heavily. According to Lance Briggs, he had stopped drinking but Raye Dawn Smith continued to drink. Lance Briggs stated that mutual friends had reported to him that Raye Dawn Smith would drink and drive on back roade with Kelsey in the car. Lance briggs expressed concern that Raye Dawn Smith could lose her temper with Kelsey if she was drinking.

On Friday, January 28, 2005, the second guardian ad litem, Joseph Dobry, was appointed by the court, replacing the previous guardian ad litem.

Raye Dawn Smith was re-interviewed on Thursday, February 3, 2005, by Kristal Johnson. Raye Dawn Smith continued to deny any knowledge of the bruises. She admitted that she had spanked Kelsey on the bottom of her diaper but not hard enough to leave a mark.

On Friday, February 4, 2005, Lance Briggs consented to the guardianship petition filed by his parents. The document was signed and notarized in another state.

On Friday, February 4, 2005, the matter of the guardianship of Kelsey was considered by Associate District Judge Craig S. Key of Lincoln County. Kristal Johnson, child welfare intake worker appeared on behalf of the petitioners (paternal grandparents) The worker reported that, if in the event the child was not placed in the guardianship of the grandparents, the DHS would recommend that the child be placed in the emergency custody of the DHS. Meeker police officer Matthew Byers appeared on behalf of the mother. He indicated his belief that child abuse had not been perpetrated against Kelsey. A second officer, Carl Lee Leabo, concurred, stating”[The child] has not been abused; just standard childhood injuries.”

The Court orderer continued placement in the home of the petitioners (paternal grandparents). The Court granted the mother visitation to be conducted with the Mildred Fowler. The DHS was requested to complete their investigation by Friday, February 11, 2005.

On Thursday, February 10, 2005, the DHS child welfare investigation regarding referral 961635 was completed with the findings: “Confirm-Services Recommended”. According to the Report to the District Attorney, the investigation indicated that the mother’s stories regarding the night of the broken collarbone were conflicting. The facial bruising, noted by Dr. Carl Griffen, on Friday, January 14, 2005 was not evident on the evening Kelsey presented with a broken clavicle, Monday, January 10, 2005. Dr. Griffen reported that the bruises were non-accidental and the result of abuse. Based on the injuries received, the mother’s denial of seeing the bruising on her child and no plausible explanation of the bruising, child welfare confirmed abuse against the mother. The child welfare worker recommended that Kelsey not be returned to the custody of her mother as her safety could not be assured. The worker also recommended that:

. . .a deprived petition be filed in regards to Kelsey with DHS supervision as long as Kelsey is out of the home of her mother and in a guardianship with grandparents. This will allow Ms. Smith an opportunity to work a court ordered treatment plan to address the abuse to Kelsey. DHS would ask that should Kelsey return to her mother prior to completing a treatment plan, that she be placed in DHS custody and removed from the home of Ms. Smith.

In the box “Recommendation to the District Attorney, “ the “Deprived Petition Requested”, was checked, “No” and the finding was “Confirm – Services Recommended”. Based on the request within the summary/recommendation, a deprived petition was requested, and the District Attorney filed a petition within two weeks of this report. 1

Violations of Policy – 1) The finding in this referral was “Confirm-Services recommended”. Conflicting information about court involvement is documented in the summary/recommendation section of the Report to the district Attorney. The investigative worker wrote “Worker also recommends that a deprived petition be filed in

At the next court date on Friday February 11, 2005, the mother was granted supervised visitation every week from Friday, 6:00 p.m., to Monday noon. The visitation schedule was ordered less then a month after Kelsey’s injuries were discovered and the day after DHS confirmed abuse with the mother as the perpetrator. The guardianship hearing was postponed to Friday March 11, 2005, with both the pending deprived and guardianship cases to be heard simultaneously.

On Wednesday, February 23, the District Attorney’s office filed a petition before the Lincoln County Court. The petition sought to establish Kelsey deprived and stated:

The Respondent Juvenile has been physically abused as evidenced by bruising and abrasions on her buttocks, thigh, lower back, and face. The Respondent mother and father either perpetrated the acts of abuse or filed[failed] to protect Respondent Juvenile from said abuse.

Court was held in Lincoln County on Friday March 11, 2005. The temporary order previously entered into was ordered to remain in effect pending further review on June 6, 2005. According to court records, the previous orders were modified and the court order stated:

a. The guardians are granted one (1) weekend per month of visitation with the minor child and, unless other agreement is made between the parties, that weekend shall be the last weekend of each month during the pendency of these proceedings.

b. That in the event the natural father, Lance Briggs, is available to travel to the State of Oklahoma prior to hid deployment, the minor child shall be allowed to see the father in the State of Oklahoma regardless of whose weekend visitation might normally be scheduled.

c. That the natural mother, Raye Dawn Smith, is hereby granted overnight visitation on each Wednesday, beginning March 16, 2005, from noon on Wednesday until noon on Thursday.

d. That the visitation previously ordered with regard to the mother may now be unsupervised as long as Michael Porter is not in the home where the child might be residing during the periods of visitation.

e. That the parties may switch weekends by agreement and the weekends be made up as called for and as reflected in this Order.

On Thursday, March 24, 2005, DHS received new reports of bruising (Referral973247). The investigation was assigned as Priority One. Reportedly, a two year old child had been seen at a medical facility for a bruise on her nose and right knee and a closed head injury resulting from a fall at the mother’s house. According to the reporter, anytime a child breaks or injures their nose, it is documented as a closed head injury. On Friday, the following day, Kristal Johnson examined the child at the DHS office, accompanied by Kathie Briggs. 2 Kelsey was sleeping.

regards to Kelsey with DHS supervision as long as Kelsey is out of the home of her mother and in a guardianship with grandparents.” The finding should have been “Confirmed Report – Court Intervention” DHS Policy 340:75-3-10.2 (2), (D), states “A finding of confirmed report-court intervention is made when the report is determined, based upon credible evidence, to constitute child abuse or neglect that is Violations of Policy.

2- The DHS did not follow investigation protocol. DHS policy 340:75-3-8(f), (1), states: “The initial contact with the family is an unannounced visit to the home. “DHS policy allows for investigative protocol to be modified. There was no documentation to indicate modification of protocol.

Kristal Johnson attempted to wake her but she would not wake up. A second visit was attempted on Tuesday April 5, 2005. The child welfare worker reported that Kelsey was “so tired she wouldn’t wake up”. 3

Kristal Johnson interviewed Raye Dawn Smith on Monday March 28, 2005 Raye Dawn Smith reported that during her visit with Kelsey on Wednesday, March 23 to 24, 2005, Kelsey fell. According to her report, Kelsey was attempting to look back to see if Raye Dawn Smith was walking behind her and tripped, hitting her knee and nose.

Raye Dawn Smith contacted Kristal Johnson on Thursday March 31, 2005, stating she had concerns because Kelsey’s hair was falling out. On Monday April 14, 2005, Raye Dawn Smith reported to DHS she had taken Kelsey to see Dr. Kellie Koons. The doctor drew Kelsey’s blood but did not give indication she knew what could be causing the hair loss.

Kristal Johnson interviewed the father, Lance Briggs, on Tuesday April 5, 2005, regarding the new allegations. Lance Briggs reported that he flew to Oklahoma the day before the visit. (Lance Briggs was in the military, and was previously stationed in New Jersey.) He compressed concern regarding Kelsey having bruises every time she came back from her visiting her mother. He described Kelsey as an active child, but stated that Kelsey was active around his mother, Kathie Briggs, as well. He did not approve of unsupervised visits between Raye Dawn Smith and Kelsey.

On the evening of Thursday April 14, 2005, the DHS was contacted regarding a sprained ankle and bruising on the child. Referral 977194 was initiated, alleging that Kelsey had a sprained ankle, and bruising on her arms and lower back. The caller also reported a “yellowish bruising "on Kelsey’s middle back. The on-call child welfare worker Donald Wheeler contacted Ashley Briggs, Kelsey’s stepmother, and Raye Dawn Smith and interviewed the child welfare investigator Kristal Johnson and the child welfare supervisor David Burgess. According to the referral the supervisor reported:

. . . that there is a bruise on the child’s left arm about the size of a half-dollar below the elbow; Kelsey said that she bit herself but can’t tell for sure if there are teeth marks. There is another bruise on her right arm about the size of a pencil width, not an inch long, and is black. There is a bruise smaller than a dime on the left side of lower back, one on the spine that is yellowish. The child has a sprained ankle which she got at the zoo and was taken to Unity North.

This referral was screened out. In the findings narrative, the worker documented, “There is a current ongoing investigation addressing the same allegations.” 4

3 – Both attempted contacts occurred while the child was asleep. DHS policy 340:75-3-8Instructions to staff(4),(1)states:”The child's age, developmental level, and emotional state guide the CW worker’s interviewing approach. When the alleged victim is a child old enough to be interviewed, the first in-depth interview is conducted with the child even if a brief interview is first conducted with the person responsible for the child (PRFC) or other caregiver. Very young children may not have extensive verbal skills but an interview may provide critical statements or phrases that assist in the investigation.”

4 – The screened out referral included allegations of a sprained ankle and bruising on Kelsey’s arm and back, allegedly due to a fall at the zoo the same day. Previous allegations of bruising and injury did not refer to a fall at the zoo, nor did previous investigations include an assessment of a fall at the zoo. DHS p9olicy 340:75-3-7 Instruction to Staff(a), (1), states: “Great care is taken in making screening decisions The child welfare (CW) supervisor considers the potential risk factors described by the reporter and the

On Friday April 15, 2005, Raye Dawn Smith picked Kelsey up from Kathie Briggs’ home and took her to the DHS office. Kristal Johnson interviewed Raye Dawn Smith regarding the bruises to Kelsey’s right outer thigh, a bruise to her left inside thigh, and bruises to her rib cage. According to Raye Dawn Smith, while visiting at a friends house with Mike Porter, Kelsey leaned on a screen door to see a puppy that was outside. The door came open and Kelsey fell which caused the bruising to her rib cage. The DHS documentation does not indicate whether Raye Dawn Smith addressed the bruises to the thighs.

Mike Porter and Raye Dawn Smith were married in Pottawatomie County on Monday April 18, 2005.

On Monday April 25, 2005 Raye Dawn Porter and Kelsey’s maternal grandmother, Gayla Smith, visited the DHS office with Kelsey. The child presented with pain, swelling and fever, apparently associated with injuries to her legs. The DHS advised the mother to take Kelsey to the emergency room immediately. Following the examination by a Shawnee medical Center Clinic physician, Dr. Kellie Koons, the DHS was notified that Kelsey had bi-lateral factures on her right and left tibias. Referral number 979294 was initiated. The referral was assigned as a Priority One. 5- 6

In a Shawnee Medical Center Clinic medical record, dated April 26, 2005, Dr. Koons reported:

X-rays of her tibia show a non-displaced long spiral fracture on both tibia. . . Consult was obtained from Dr. Barrett who evaluated these and felt like the right tibia fracture was consistent with the injury of walking on the flip-flops and twisting her ankle approximately one and a half to two weeks ago and that dated appropriate with the site of the fracture as well as the age of the fracture. Dr. Barrett felt like the fracture on the left tibia was actually more recent than that, but felt like this could have been due to compensating from the right fracture and felt like there did not necessarily have to be any secondary severe injury to cause this.

The doctor reported that the hair loss was probably due to the child’s stress over the custody dispute. She recommended to the mother Kelsey take a multivitamin and drink “Pediasure” to help with her nutritional needs. Dr. Koons recommended that Kelsey submit to a bone density test at Children’s hospital. Kelsey’s legs were scheduled to be placed in casts the following day.

Age and vulnerability of the child. (A) Even when the report does not have clear-cut allegations of abuse or neglect these factors are considered in making screening decisions. (B) reports regarding children three years of age or younger are screened with extreme caution due to the vulnerability of this age group to serious and life-threatening consequences resulting form abuse or neglect.

5 – The DHS instructed Raye Dawn Smith to seek medical care for Kelsey. The DHS did not accompany Raye Dawn Smith to the medical visit. DHS Policy 340:75-3-8.6 Instructions to staff (5)(1) states: When a medical examination is required, the CW worker assists the person responsible for the child(PRFC) in making the arrangements. The CW worker accompanies the PRFC and the child to the medical examination and remains available during the examination for consultation with the physician.

6- As part of the investigation on Referral 979294, the DHS documentation did not indicate a home visit was completed with identified PRFC Raye Dawn Smith Porter. DHS Policy 340-75-3-8 (f) states ‘A home visit must be made as part of an investigation, unless there is reason to believe that there is an extreme safety risk to the child or CW worker or the report is determined a report that was made in bad faith per 10 O.S. 7106.

Yolanda Hunter, child welfare worker, contacted Kathie Briggs on Monday April 25, 2005 and explained that Kelsey had two broken legs. On the following day, Yolanda Hunter contacted Kathie Briggs to inquire of contact information for the father, Lance Briggs. Kathie Briggs, reported that Lance Briggs was scheduled to leave for Kuwait on Tuesday and she did not want him upset with the news. Yolanda Hunter documented that Kathie Briggs reported contact with the father was not possible.

Referral 979997 was received by the DHS on Friday April 29, 2005. The referral was assigned as a Priority One. 7 A caller reported injuries to the bridge of Kelsey’s nose. Reportedly her nose was purple up to her eyebrows and she had a knot the size of a quarter by her right eye. Allegedly, Kelsey was sleeping in bed with her step sister when the stepsister elbowed her in the nose. The reporter also stated that there were little bruises on Kelsey’s cheeks, as if someone had grabbed her by the face with their fingers.

On Friday April 29, 2005, David Burgess, child welfare supervisor, and Kristal Johnson met with the paternal grandmother, Kathie Briggs, in her home to discuss the new referral allegations. David Burgess and Kristal Johnson informed Kathie Briggs that she was in violation of the court order restricting Mike Porter from having contact with Kelsey. Kathie Briggs reported that Raye Dawn Smith had allowed Lance Briggs to have extra visits when Lance Briggs was home April 4 through April 11. Kathie Briggs stated that she allowed raye Dawn porter extra visits in an attempt to be fair about visitation. (Yolanda Hunter testified on June 15, 2005 that she knew Mike Porter was living in the home following the marriage of Raye Dawn and Mike Porter and allowed Kelsey visitation in the Porter home which she perceived to be in violation of the visitation orders of the court.)

Kelsey was seen by Dr. J. Andy Sullivan, a pediatric orthopedist, at Children’s Hospital on Monday May 2, 2005, regarding her legs.

In an affidavit filed in Lincoln Co. on Tuesday May 3, 2005 DHS recommended emergency protective custody of Kelsey into DHS custody and documented the following reasons:

1. It was alleged that on April 14, 2005 the child sprained her right ankle while visiting the zoo with her aunt. On April 18, 2005 the mother brought the child to DHS office and the child was observed not to walk and wanting to be carried. [the date appears to be incorrect as other DHS documentation showed the office visit occurred on April 25, 2005] The worker instructed the mother to take the child to the doctor. On April 18, 2005 [April 25] the child was taken to a physician in Shawnee for examination. The physician reported to the worker that the child had two bi-lateral fractured of the tibia. The physician reported that she felt it was over-compensation from the right sprained ankle which was a fracture instead of a sprain. The physician recommended bone genetics testing. The physician that a blood test was completed and the blood work came back normal. 2. On April 29, 2005, the worker received allegations that Kelsey’s nose was purple up to her eyebrows and that she had a knot the size of a quarter by her right eye. The worker observed the bruise on Kelsey’s nose the same day, and pictures were taken. It was

7- The DHS did not document the Priority One investigative interviews with PRFC(s) and victims in the KIDS system within thirty days. DHS Policy 340:75-3-13(c),(2), states: All investigative or assessment interviews with the child victim and PRFC(s) are documented in the appropriate KIDS system screens within thirty calendar days of the date the report is received.

Alleged that Kelsey got the bruise from being elbowed by another child while sleeping on the night of April 27, 2005.

3. On May 3, 2005 the worker received information from an orthopedic surgeon at OU Medical Center in Oklahoma City. The orthopedist saw the child on May 2, 2005 The physician indicated that Kelsey was brought to him for a second opinion and not physician referred. He reported that Kelsey’s injuries (the bilateral fracture of each tibia) were caused from abuse. He reported that a great amount of force was required to cause a fracture to the tibia.

In the “Report of Suspected Child Abuse and/or Neglect” from OU Medical Center, dated Monday May 2, 2005 Dr. J. Andy Sullivan reported:

Child has bilateral tibia fractures probably at different stages of healing. Mechanism of injury is twist to the leg. Stress fractures do not occur at this age. I have never seen bilateral toddler fractures of tibia. My diagnosis is bilateral fractures of tibias secondary to abuse.

Douglas P. Beal, MD, reviewed the x-rays of Kelsey’s legs on May 3, 2005. The Diagnostic Radiology Consultation Report from Dr. Beal stated:

There are fractures of the bilateral tibiae[tibia]. Fracture on the right is a spiral fracture of the upper tibiae{tibia] involving the metadiaphyseal region, and the fracture of the left tibia also involves the letadiaphyseal region but is more linear. These fractures appear to be differing ages with periosteal reaction present on the right but not on the left. While these findings can be seen as toddler’s fractures, consideration should be made for the possibility of non-ccidental trauma. This should be correlated closely clinically.

On Tuesday May 3, 2005, the Lincoln County Court placed Kelsey in the emergency protective custody of DHS. A “show cause” hearing was ordered for Thursday May 5, 2005. Documentation does not indicate that the court appointed an attorney to represent the child. DHS placed the child with the maternal grandmother. According to DHS documentation Kristal Johnson, contacted the paternal grandmother, Kathie Briggs, regarding the new placement. During the conversation, Kathie Briggs placed Kristal Johnson on hold to receive a call from the father, Lance Briggs. Kristal Johnson requested Kathie Briggs to inform Lance Briggs of the placement of Kelsey into DHS custody. Kathie Briggs refused, reportedly because Lance Briggs was “heading off to fight for his country”. Reportedly, Kathie Briggs also stated that she did not have a telephone number or and address for Lance Briggs.

Kristal Johnson documented a first interview with Kelsey regarding her legs on Tuesday May 3, 2005. Kristal Johnson wrote:

Worker asked Kelsey has anyone hurt you and she nodded “Yes”. Worker asked her who hurt you and she wouldn’t answer. Worker asked her if she knwe what hurt means and she nodded “yes” and pointed to her cast. . . Worker observed Kelsey to pucker up her lips and get a sad look on her face when she was asked who hurt her legs.

On Wednesday May 4, 2005, DHS received a medical report of suspected child abuse. Referral 981030 was initiated. Reportedly, the injuries to Kelsey’s legs were inconsistant with the explaination given by the family. The DHS reported that this referral was regarding the same allegations as referral 979294 and combined referral 981030.

On Wednesday May 4, 2005. Melodie McGregor, Pottawatomie County child welfare worker, contacted that Porters and requested an interview with Raye Dawn Porter, Mike Porter(step-father), and Mike Porter’s daughter, Whitney. Whitney was still in school and Melodie McGregor was able to interview her there. The worker asked about the incident regarding bruising to Kelsey’s nose. Whitney reported that her father came to wake her up that morning. He asked her if she remembered hitting Kelsey during the night with her elbow. Whitney told Mike Porter she did not. According to Whitney, Mike Porter told her he thought she did.

Following Whitney’s interview, Melodie McGregor, visited the home of Mike Porter and Raye Dawn Porter. DHS documentation indicated that Mike Porter reported Raye Dawn Porter picked Kelsey up from Kathie Briggs at noon on Wednesday April 27, 205. Raye Dawn Porter’s sister visited the home that evening. Mike Porter stated that the sister (Misty Smith) could verify that Kelsey did not have any bruising at that time. That evening Kelsey requested to sleep with Whitney because she did not like to sleep alone. The following morning Mike Porter noticed the bump on the left side of Kelsey’s nose and eye.

When Melodie McGregor asked about Kelsey’s broken legs, step-father Mike Porter stated that Raye Dawn Porter’s sister, Misty Smith, had taken Kelsey to the zoo. He went with Raye Dawn Porter to pick up Kelsey that evening after dark. Raye Dawn Porter asked him to carry Kelsey to the car. When the car door shut, she woke up and stated “Dad, my foot hurts” Mike Porter told the DHS worker that Raye Dawn Porter took Kelsey to Dr. Koons first, and then upon referral to Dr. Barrett. Then Kelsey went back to stay with Kathie Briggs for a week and a half. Mike Porter referred to the ankles as a “twist fracture” Reportedly, Dr. Andrea Barrett dated the break to the fall at the zoo. He then stated that the break on the other leg was more recent, but Raye Dawn Porter did not have Kelsey at that time.

Raye Dawn Porter was also interviewed by Melodie McGregor that evening, May 4. Melodie McGregor inquired about Kelsey’s legs The following is a summary of Melodie McGregor’s interview with Raye Dawn Porter:

Misty Smith, took Kelsey to the zoo on Thursday April 14, 2005. Misty Smith called her at work and told her that Kelsey had twisted her ankle wearing platform flip-flops shoes and Kelsey was refusing to walk. Misty Smith accompanied Raye Dawn Porter to the hospital. X-rays were taken and Kelsey was diagnosed with a sprained ankle. After leaving the hospital, they dropped Kelsey off at the baseball park in the care of the paternal grandmother, Kathie Briggs. Raye Dawn Porter returned to Kathie Briggs home that evening for Kelsey. According to Raye Dawn Porter, a girl that was not a family member met her outside of the residence and informed her that Kelsey would not be given back to her. Kathie Briggs had taken the child to the Urgent Care Center and upon examination, DHS advised Kathie Briggs to keep her overnight. The following day Raye Dawn Porter was allowed to pick Kelsey up and take her to the DHS office to meet with David Burgess and Kristal Johnson. Kelsey was limping at the time.

Kelsey went to a sleep over at the maternal aunt’s home on Saturday April 16,2005 Kelsey stayed up until 1:30 a.m playing with her cousins. Raye Dawn Porter returned Kelsey to Kathie Briggs on Monday April 18, 2005. According to Raye Dawn Porter Kelsey was crawling when she picked her up on Thursday April 21, 2005. Kathie Briggs informed Raye Dawn Porter that Kelsey had taken four steps and had fallen.

On Monday April 25, 2005 Raye Dawn Porter and Gayla Smith took Kelsey to the DHS office to let the worker see how Kelsey was acting. Raye Dawn Porter stated she left the DHS office and proceeded with Kelsey to Dr. Koons office. According to Raye Dawn Porter, Dr. Koons and Dr. Barrett stated that the right leg was consistent with the zoo injury and the left fracture was about a week old. Raye Dawn Porter stated that she did not have Kelsey when the left leg was injured.

On Thursday May 5, 2005 Mike Porter was interviewed at the DHS office by Kristal Johnson. He reported to Kristal Johnson that the bruising to Kelsey’s rig cage and thighs occurred at a friend’s house when Kelsey leaned on a screen door causing it to open. The same day, Greg Wilson, the mother’s attorney, filed application to terminate guardianship previously awarded to the paternal grandmother. The application stated that the mother had completed her “guardianship plan”.

A show cause hearing occurred on May 5, 2005. Brandon Watkins was the third guardian ad litem appointed to represent Kelsey’s interest. The Assistant District Attorney Jeremiah Hagemeier made a recommendation to “retain or leave custody with DHS for the time being”. Legal counsel for the mother, Greg Wilson, concurred. Legal counsel on behalf of the guardians, James Hodgens, entered an objection to placement with the maternal grandmother (Gayla Smith). The guardian ad litem entered an objection to “The department of human services entering this matter to begin with”.The guardian ad litem recommended placement with the maternal grandmother with liberal visitation with regards to the paternal grandparents. Legal counsel on behalf of the mother recommended placement with the maternal grandmother, and to remove the restrictions on visitation by Michael Porter. Legal counsel on behalf of the guardians recommended that the restriction to visitation by the step father be maintained. The Assistant District Attorney recommended that visitation be supervised at the DHS office. The guardian ad litem recommended unsupervised visitation. Legal counsel on behalf of the mother recommended that the mother be allowed visitation without DHS supervision. Legal counsel on behalf of the guardians recommended equal supervision for both parties. Kellie Mullen, a DHS supervisor, recommended supervised visitation at the DHS offices.

· Placement to be determined by DHS [child remained in the home of the maternal grandmother]

· Visitation to be four hours a week for the natural mother and the legal guardians

Kelsey’s step-mother, Ashley Briggs, was interviewed by Melodie McGregor on Monday, May 9, 2005. The child welfare documentation recorded the following contact information. Ashley

Briggs recalled seeing Kelsey at the Ball Field with Kathie Briggs on April 14, 2005. After the fall at the zoo. Ashley Briggs stated that she thought it was odd that Kelsey did not have any scrapes or scratches from the fall. The Briggs’ family then returned to Kathie Briggs house. While diapering Kelsey, Ashley briggs noticed bruises above Kelsey’s lower back, on her thigh, and on her right and left arm. They called DHS and spoke to child welfare worker Donald Wheeler who advised them not to return Kelsey to Raye Dawn Porter.

During the interview, Ashley Briggs informed the child welfare worker of a statement reportedly made by Kelsey. While visiting in the home of Ashley Briggs’ parents, Ashley Briggs brother asked Kelsey who hurt her legs. Kelsey responded, saying that Mike Porter threw her or pushed her off the bed.

On Tuesday May 10, 2005 Kristal Johnson interviewed Ashley Briggs. She expressed concern about the length of time tht had passed before Raye Dawn Porter took Kelsey to the doctor about her legs. Raye Dawn Porter had Kelsey from April 21 to April 25, 2005. Ashley Briggs reported that Raye Dawn Porter told Kathie on Thursday April 21^st, that Kelsey’s legs were hurting and swelling. Ashley Briggs stated that she idd not have contact information for Lance Briggs.

The same day, the judge appointed a Court Appointed Special Advocate (CASA) and scheduled a hearing for the deprived and guardian matters on June 06, 2005.

On Wednesday May 11, 2005 the District Attorney’s office filed an amended petition before the Lincoln County Court. The petition (amended form February 23, 2005) sought to establish Kelsey deprived. The petition contained all the same information as in the February 23 petition but was amended to include:

The Respondent Juvenile has been physically abused as evidenced by her two broken legs. The respondent mother and Kathy[Kathie] Briggs either perpetrated the acts of abuse or failed to protect the respondent juvenile form{from} the abuse.

On Friday May 20 , 2005 Kristal Johnson and child welfare supervisor Kelli Mullen interviewed Raye Dawn Porter. Raye Dawn Porter reported that on Friday, April 15, Kelsey went to the maternal aunt’s house that afternoon for a sleepover with friends. (Raye Dawn Porter had previously reported the sleep over occurred on April 16) The mothr reported tht she had Kelsey from Saturday April 16 to Monday April 18, Kathie Briggs had Kelsey form Monday April 18 to Thursday April 21. According to Raye Dawn Porter, Kelsey refused to walk when she was picked up on April 21. Raye Dawn Porter reported that on the night of Sunday April 24 Kelsey’s legs were “warm to the touch”. Raye Dawn Porter and her mother Gayla Smith took Kelsey to the DHS office on April 25 to request assistance. Raye Dawn Porter expressed her concern that Ashley Briggs was abusing Kelsey in an attempt to frame her because Ashley Briggs wanted Kelsey for her own. She also expressed concern regarding Kelsey’s contact with Lance Briggs. Raye Dawn Porter reported Lance Briggs had beaten her to the point of losing her second child. She reported that while Kelsey was placed in the Briggs’ home, her hair fell out and she would not eat, sleep or talk. Raye Dawn Porter denied Kelsey was alone with Mike Porter during the April visits.

Mike porter was also interviewed by Kellie Mullen and Kristal Johnson on Friday May 20, 2005. Mike Porter said that he had pictures of Kelsey standing on both legs, dated Monday April 18. The worker wrote:

Mike reports that Raye has a very close connection with Kelsey and that when they first started dating he was intimidated by the intensity of their relationship. He reports that Raye places a lot of her sense of self worth on her ability to be a mom and that he has seen Raye’s self esteem drop since she has not had Kelsey.

On Wednesday June 1, 2005 DHS made a referral for services Community Home Based Services to “provide better supervision to improve parenting skills, so that Kelsey will not sustain any other injuries”.

A CASA report to the Court was submitted on June 1, 2005. The report recommended Kelsey be returned to her mother’s custody, allow the parental grandparents supervised visitation one hour every other Sunday, allow Kelsey time at the maternal grandmother’s home including overnight visits; enroll Kelsey in “head start”, and request assistance of a Speech Therapist. The CASA representative also recommended, in the event that this arrangement does not work out” to place Kelsey in the maternal grandmother’s home. A ninety-day review period was requested, due to “having this case such a short time”

On Thursday June 2, 2005 CHBS worker Andrea Sills attempted to contact DHS to set up the intake for Kelsey.

A new referral (referral 986792) was received by DHS on Monday June 6, 2005. Allegedly, Kelsey’s stepsister and stepbrother (Michael Porter’s Children) were neglected by their father and stepmother. Reportedly, Whitney Porter told someone that she was not to talk about “what went on in their home”. The caller reported that there was a history of domestic violence prior to their marriage. Reportedly, the stepmother recently renewed her license following a DUI conviction. Reportedly, the stepmother had a history of drug usage. The referral was “screened out”. DHS documented that the reporter could not provide collaterals and would not give names of those to whom she had spoken.

On June 6, 2005 the Lincoln County Court granted a continuance in the matter of the guardianship of Kelsey, in order to allow DHS to complete their investigation. The Court ordered the completion and filing of the DHS report by Friday, June 10, 2005. An adjudication hearing was scheduled for June 14, 2005 to hear the amended petition.

On the morning of Tuesday June 7, 2005, Cynthia Kinkdale, DHS Coordinator, Information and Referral , addressed an email to Margaret Noble, DHS Office of Information and Referral, and Debra Winn, Lincoln County Director and stated:

Debra, you may be limited in staff reassignment but I wonder if the Area Office could assign their child welfare specialist ( I think every Area Office has one) to get this case through Adjudication.

On June 7, 2005 the DHS investigation regarding referral 973247 [page 5 of this report] opened March 24, 2005 was closed with the findings: “Services recommended” According to the report to the District Attorney, the child welfare worker indicated that it was unknown if

Kelsey’s injuries were intentional. Kelsey did not have enough verbal skills to tell what had happened and she did not indicate to DHS that her mother inflicted injuries to her. The worker recommended that all visitations between Kelsey and the mother be supervised in order to prevent any furtther injuries to Kelsey. Court Intervention was not requested. (Since the referral was not confirmed until June 7, 2005, the visitation orders of March 11 remained in effect until placement was changed on May 3, 2005. 8

On Friday June 10, 2005 the investigation of referral 979294 (reported April 25, 2005) was, completed with the findings: “Confirmed – Court Intervention Requested”. In the report to the District Attorney, the child welfare worker documented that the allegations were being confirmed against an unknown perpetrator. While it was unknown who may have caused the broken bones, they were ruled to be the result of abuse and for that reason Kelsey was removed from the home of the paternal grandmother and placed in DHS custody. Kelsey’s father was allegedly deployed to Kuwait; however the worker could not confirm his location. The supervisor had faxed a written request to the United States military but received no response on how to contact the father or the date of his deployment. According to DHS, the paternal family was not cooperative in providing information on how to locate the father. The worker also documented concerns that the paternal grandmother was allowing visitation with the mother that was in violation of the court order, both in duration of the visits and Mr. Porter was living in the home with the mother. The worker recommended that Kelsey remains in DHS custody and be placed outside the paternal grandmother’s home and in the mother’s home.

On Wednesday and Thursday June 15 and 16, 2005 District Court of Lincoln County considered the matter of Kelsey S. Smith-Briggs, deprived child as defined by the laws of the State of Oklahoma, case no JD-05-10, and in the matter of the guardianship of Kelsey S. Smith-Briggs, minor child case no. PG-05-03. During the proceedings, CASA worker Carla Lynch recommended that the child be placed back with her mother. Yolonda Hunter, child welfare treatment worker, recommended that the child remain in her present placement with the maternal grandmother, Gayla Smith, with continued visitation as previously ordered and “phase-in” placement with the mother following services provided by CHBS. When asked if the child may be returned to Kathie Briggs’ home, the treatment worker responded “Not through our recommendation, NO” . The Court directed a question to the treatment worker: “If there was an adjudication, are there any additional requirements that you would have of Ms. Porter, Raye Dawn Smith Porter? She replied, “ No your Honor, there’s not”.

After considering testimony and viewing the depositions of two physicians, Judge Key dissolved the guardianship of the paternal grandparents, and adjudicated Kelsey deprived with an unknown perpetrator. The minor child was placed back in the home of the biological mother. Visitation privileges were to be determined by the DHS. The Court ordered the placement of CHBS in the home. A dispositional hearing was set for July 14, 2005.

8 – The DHS did not complete the Priority One investigation on referral 973247 within sixty days. Documentation indicted the referral closed May 31, 2005, sixty-nine days after the referral was initiated. The Supervisor signed the report to the District Attorney on June 7, 2005. DHS Policy 340:75-3-13(c )(3) states: All remaining interviews that have not been documented and other pertinent information or paperwork is documented in the appropriate KIDS screens within 60 calendar days of the date report is received.

On Wednesday June 15, 2005 a CHBS worker, Andrea Sills, contacted the Pottawatomie County Child Welfare worker Debbie Walker. CHBS documented that the child welfare worker was leaving her position and the DHS would reassign the following week. According to the CHBS worker, she was advised to call the child welfare supervisor to determine who the new worker would be and schedule an intake.

Child Welfare worker, Yolanda Hunter, documented receiving a call from Raye Dawn Porter on Thursday June 16, 2005 reporting that Kelsey was doing well. Also on this date Yolanda Hunter, completed the house assessment with Raye Dawn and Mike Porter. Yolanda Hunter informed the mother and step-father of the CHBS referral, and that the secondary worker from Pottawatomie County would visit the home once per month. The worker did not document any concerns or safety risks.

On Monday June 20, 2005 five days after Kelsey had been placed in the home of Raye Dawn Porter, Yolanda Hunter sent an email to David Burges and copied Misty Smith Pollard, Debbie Walker, Debra Winn, and Carmen Hutchens which stated:

FYI- the child, Kelsey has been back with her parents, Raye Dawn and Mike Porter in Shawnee, O.K. per Judge Key as you know. This is a high profile case and CHBS has been initiated paperwork wise, nothing else. A walkthrough was completed by the primary worker. Thought Secondary county would need to step up the urgency on getting on board and saw where it was assigned to the Foster Care unit. Also there was no secondary contact made other than the investigative part. Thank you for looking at this urgently.

On Wednesday June 29, 2005 Andrea Sills, CHBS case manager(CCM), documented leaving a message for both Darrell Ryan, Pottawatomie County, and Yolanda Hunter, Lincoln County. The worker wrote:

CCM has made 3 attempts in the past two days to reach Yolanda Hunter and one attempt to contact Darrell. CCM has received the CHBS referral and is seeking additional information and awaiting the intake to be scheduled.

I have tried to contact you to set up the intake for the Kelsey[Kelsey] Smith-Briggs case, 20331786. The primary is out of Lincoln County. I was told that you were the worker but may have been given the wrong information. Please let me know. Thanks so much. Andrea Sills.

On Friday July 1, 2005, Yolanda Hunter documented in a case contact that she had informed Raye Dawn porter, the CHBS intake would occur the following day. The CHBS intake did not take place on July 2, 2005. Also, July1, Debra Winn, Lincoln County DHS Director, emailed Carmen Hutchins, Pottawotomie County DHS director, stating Kelsey had been placed in the home with her mother through an order from Judge Key while remaining in DHS custody. The email states:” Kelsey is now in the home and we will need the worker to make the required visits”.

KIDS documentation indicated the first CHBS home visit occurred on Thursday July 7, 2005. This was the first documented visit since June 16, 2005. 9

The CASA worker submitted a report to the court on Tuesday July 12, 2005. The report to the court recommended that Kelsey stay with her mother, allow one hour of supervised visitation every 30 days 9or as determined by DHS) with the biological father and step-mother, and allow Kelsey overnight visitation with the maternal grandmother. The recommendation also included the statement: “if this arrangement does not work out, Kelsey is to be placed with the maternal grandmother with monthly supervised visits with the paternal grandparents after naptime”. The CASA reported that the mother had completed her program.

The investigation of referral 97997 [page 8 of this report] was closed on Thursday July 14, 2005 with the findings: “Services Recommended”. In recommendations to the District Attorney, the child welfare worker documented seeing a faint bruise on the child’s nose. According to the worker, it was not possible to determine the cause of the bruise and the reason for injury by the mother was plausible. During the course of this investigation, another investigation had been completed with physical injuries confirmed and the child had already been placed in DHS custody. Therefore, services were offered to the mother and the worker recommended that the mother continue to work her court ordered treatment plan. 10 11

On Monday July 25, 2005, Raye Dawn Porter contacted Yolanda Hunter by phone and stated that she was just “checking in’. Raye Dawn Porter reported that she had taken Kelsey to Branson, Missouri for the weekend. According to the case contacts, the worker informed Raye Dawn she cannot take Kelsey across state lines.

On Tuesday August 2, 2005, the CHBS case manager completed a critical incident report. The report stated that Kelsey’s parents informed her Kelsey had begun to injure herself and was experiencing night terrors.

On Thursday, August 4, 2005, Darrell Ryan went to the home or Raye Dawn and Mike Porter to see Kelsey. Kelsey’s nose was red and bleeding. Darrell Ryan documented that the bleeding appeared to result from sinus trouble.

9- After the CHBS referral on June 1, 2005, the DHS did not make weekly visits to the home form June1, 2005 through July 7, 2005. DHS policy 340:75-4-13 Instructions to staff(1)(3) states ‘The services provided are available immediately in the frequency and amount required to increase the child’s safety. If there is a waiting list for a service, the service is not an effective means of protection, and alternatives must be initiated.” DHS Police 340:75-4-13 Instructions to staff(1)(5) states: “ During the first 30 days of services the child welfare worker (CW) conducts home visits once or more each week, as determined by the CW supervisor, for the purpose of evaluating the safety of the child.

10-The DHS did not document the Priority One investigative interviews with PRFC(s)and victims in the KIDS system within thirty days. DHS Policy 340-75-3-13 (c)(2) states “All investigative or assessment interviews with the child victim and PFRC(s) are documented in the appropriate KIDS system screens within thirty calendar days of the date the report is received.

11- The DHS did not complete documentation for referral 979997 within sixty days. The report was not completed until July 14, 2005 which was sixty seven days after the referral was received. DHS policy 340:75-3-13 (c)(3) states: “All remaining interviews that have not been documented and any other pertinent information or paperwork is documented in the appropriate KIDS screens within 60 calendar days of the date the report is received”

On Thursday August 11, 2005 Raye Dawn Porter Contacted Yolanda Hunter. She reported that Kelsey had a good week with no night terrors or self mutilating. Also, on this date David Burgess sent an email to Debra Winn and copied to Yolanda Hunter about Kelsey’s self-mutilating behaviors. The email stated:

Ms. Winn-Yolanda Hunter informed me the following: She received a call from the bio-mother Raye Porter at her (Yolanda) house, that Kelsey was exhibiting night terrors and self mutilation. The next day Yolanda spoke with the CHBS worker, Jean Bonner while she (Jean) was at the Porter home. Jean Bonner spoke with Kelsey regarding why she was biting herself. Kelsey stated because she got mad. With no further information. Raye stated to Jean that Kelsey was put in timeout and while there she bit herself.

On Tuesday August 16, 2005 the CHBS case manager documented the case progress notes the following:

CCM accompanied the family to the doctor visit and expressed concerns for the child’s mental and emotional health and it’s effect on her physical well being. CCM asked Dr. Koons, and informed her that CWS was also requesting that Dr. Koons make a referral to the Child Study Center at OU Health Sciences Center/Children’s Hospital. The doctor checked at the family’s request the child's nostril where there is swelling, and addressed the child's self injuring, weight loss, appetite loss, vomiting when otherwise not ill, the child’s hair re-growth, nightmares, terrors, anxiety at being apart from mom, and easily bruising.

The CASA worker submitted a report to the Court on Wednesday August 17, 2005. The report to the court recommended continued placement in the mother and step-father’s home and Kelsey can spend time at the maternal grandmother’s home including overnight visits.

On Thursday August 18, 2005, the District Court of Lincoln County reviewed the deprived case of Kelsey Smith-Briggs. The Court ordered:

· The step-mother to have visitation on alternating weekends beginning August 20, 2005 for five hours from 9 am to 2 pm , no supervision required.

· If child needs medical attention the custodial parent shall be notified immediately.

Documentation does not indicate that the mental and emotional health concerns, including self mutilating behaviors, weight loss, appetite loss, vomiting, nightmares/terrors, anxiety and easily bruising, were reported to the court on this date by any parties authorized by the court to report.

On Friday August 19, 2005 at 10:23 pm, Kelsey was involved a car accident with Raye Dawn and Mike Porter. Medical records indicated that Mike Porter, Raye Dawn Porter and Kelsey arrived the Unity Health Care Center emergency room on August 20, 2005 at 12:36 am. The chief complaint was documented as elbow pain and trunk pain. An emergency room nurse documented a reddened area to the left eye. The RN wrote: Records indicate the family left before 2:45 am, and did not remain for an examination by a physician. “

On Saturday August 20, 2005, the CHBS case manager completed a critical injury report. The report stated:

CCMS received a call on 8/20 at 8:27 am from mother who reported the family was in a serious accident about 10 pm the night before. She stated that their new pick-up truck was totaled and that Kelsey had bruises from the car seat. Mother stated that Kelsey had bruises on her face and abdomen. The family had contacted Yolanda Hunter, CWS who advised them to take the child to the ER. Mom stated that the ER triage nurse had told them that Kelsey had no apparent internal injured and that if she did have she would not be able to be so rambunctious. Also on 8/19, around 6 pm CCM had stopped by the home to see the child. Keley had a bruise on her left cheek that the family stated was from the child pulling a ceramic lamp down on herself.

On Monday August 22, 2005, Brenda Matthews, Area IV Oklahoma Children’s Services (OCS)liaison, emailed David Burgess, Wilma Hamilton, and Debra Winn and copied Kent Kelly and Andrea Sills. The email stated; “Attached you will find the case audit/review on the Kelsey S. B. case. I believe CWS and OCS staff are doing everything possible to assist this family and services are provided and being accepted”.

On Tuesday August 23, 2005 the CHBS case manager completed a critical incident report after learning from Yolanda Hunter that Kelsey ahd been refusing food.

Kelsey was seen by Dr. Koons on Tuesday August 23, 2005As part of the physical exam the following was noted:

SKIN: She has a bruise on her left hip and on her left mandible that is ½ of an inch by ½ of an inch wide. She has bruising on her left cheek, one measuring 1-1/2 inch x 1 inch and a large one measuring 1-1/2 inch by 2 inches. GENERAL: Not as playful as she has been on previous days and the family reports that she has been this way every since she was told that she had to go visit her step-mother for visitation. ASSESSMENT/PLAN: I feel like most of her bruises are consistent with the MVA[motor vehicle accident] that is described. I do feel that they are potentially somewhat excessive for the MVA that occurred. I still remain concerned of whether or not something is going on causing her to have more problems.

On August 23, 2005 David Burgess responded to an email from Debra Winn regarding the police report on the accident. David Wrote:

Yolanda is getting it on Wednesday. They were not drinking, but was hit by a drunk drive which totaled their vehicle. The went to the emergency room that night. They waited five hours and was told that they wouldn’t be seen until the next day. The accident occurred around 9 pm. Kelsey had an appointment today at 1:30 pm to address other concerns that have been noted (night terrors possible seizures) The child appears to be having anxiety anticipating the court ordered visits with Ashley, according ot the mother. They have tried to prepare her for the visits.

On Wednesday August 24, 2005 Wilma Hamilton, child welfare field liaison sent an email to Dane Smart, child welfare supervisor, stating: “The case came to my attention due to no contact documented in 3 months. It appears you have reassigned this case so I am assuming that you are on it, right? On the same date, Dane Smart responded responded by saying that the case had been

Reassigned to Darrell Ryan on August 1, 2005. Dane Smart also reported that Darrell Ryan had been in contact with the family, and the needed documentation would be entered.

In an email dated August 24, 2005 Dane Smart responded to the above concerns to Carmen Hutchins, The email stated:

This was one of those reassigned cases that Darrell inherited without full knowledge of the surrounding circumstances. To my knowledge Londa had never informed Darrell or myself that he needed to visit the home 2 times per week and that seems rather extreme considering that the step mother is not the primary caregiver. Darrell mentioned to me that he went to the home did a walk through after the family moved in and felt the home was appropriate, but Londa felt as though it needed to be done again once they unpacked everything and did another walk through. Darrell mentioned that there may be a personality conflict between the Londa and the step-mother. It appears as though the step-mother has been subjected to several demands that other parties have not been subjected to in a equal manner according to the step mother in her conversation with Darrell.

On Friday August 26, 2005 Dr. Koons authored a letter to Yolanda Hunter which stated the following:

Kelsey Smith Briggs was seen in my office on 08/23/05. At this appointment there was concern of tonic seizure activity. I am currently in the process of evaluating this further. She had a CT scan of her head on 08/25/05, which was normal. My office is trying to schedule an EEG at Children’s Hospital for additional evaluation.

During the evaluation process it would be beneficial that she remain in one home so the seizure activity can be observed and documented.

Ashley Briggs had five hours of visitation with Kelsey on Saturday August 27, 2005. After seeing Kelsey during this visit, a member of the paternal family emailed Debra Winn, county director, on September 22, 2005, with the following concerns:

After I saw Kelsey on the 27^th of August for the five hour visit, I was deeply concerned. Her weight loss appeared to be extreme. Her demeanor was not the same old energetic happy, Kelsey. She appeared to be afraid to look anyone in the eye and looked down much of the time. I honestly do not feel that she was afraid of us or uncomfortable because she had not seen any of us in a couple of months. The retinal hemorrhages in her eyes and the bruises on her face are very disturbing. I know that Kelsey had been in an auto accident the week before. I also know that Kelsey is anemic and possibly having some kind of seizures… I understand that it is believed that Kelsey’s retinal hemorrhages are due to allergies. However, … Kelsey[was] tested by Dr. Patricia Overhustler, an allergy specialist, at the Oklahoma Allergy and Asthma Clinic and her tests do not show severe allergies. The number one cause of retinal hemorrhages in children is shaken baby syndrome and child abuse. I am absolutely not accusing anyone of this, but please look into this.

On Monday August 29, 2005, the DHS initiated referral 1000942. Allegedly, Kelsey had bruises on her face and a mark on her nose. In addition she looked like she had lost weight. Reportedly, Kelsey was acting timid. The referral was originally assigned, then overridden by Dane Smart, child welfare supervisor, and screened out. Child welfare documented that the injuries were

From a car wreck and had been documented by child welfare and CHBS. The child’s pediatrician examined the child on August 25, 2005 and documented the injuries.

Bruising and injuries have now been reported in the last ten days in the following manner:

· The CHBS case manager reported on Friday August 19, 2005 at 6 pm that Kelsey had a bruise on he cheek that the family stated occurred when the child pulled a ceramic lamp down and fell on her face.

· A triage nurse reported on August 20, 2005 art 12:56 am , that Kelsey presented with bruising on her forehead and bridge of her nose and a reddened area to the left eye.

· Dr. Koons reported on Tuesday August 23, 2005that Kelsey presented with a bruise to her left hip, a bruise to her mandible, and a bruise to her left cheek.

· On Saturday August 27, a family member noted retinal hemorrhages in Kelsey’s eyes

Here are some pictures of Kelsey from my Saturday visit. I just wanted you to have them to put in Kelsey’s file. I am guessing that the bruising on her face is from the car wreck and the busted blood vessels in her eyes?? Our visit went great, I really enjoyed getting to spend time with her, and she got to talk to Lance, he was very excited.

On Tuesday August 30, 2005, another email was sent from the Briggs family to Wesley Priest, child welfare worker stating: “These are the bruises on t