DHS Lawsuit Update

Tulsa, OK – Judge dismisses 2 claims, upholds 1 in DHS lawsuit

TULSA, Okla. (AP) A federal judge has dismissed two civil rights claims and upheld one in a lawsuit against the Oklahoma Department of Human Services.

U.S. District Judge Gregory Frizzell ruled Thursday in Tulsa that the trial can proceed on what an attorney for the New York-based child advocacy group Children's Rights calls its "core claim." The group filed the lawsuit in 2008 claiming DHS policies and practices violate the constitutional rights of foster children to be free from harm and the risk of harm.

Frizzell threw out claims that DHS violated the children's privacy and due process rights.

DHS attorney Donald Bingham said the judge did not rule on the merits of the case but found that there is enough evidence for a trial that is to begin in February.