OKLAHOMA COMMISSION ON CHILDREN AND YOUTH

OFFICE OF JUVENILE SYSTEM OVERSIGHT

Review of child death of Kelsey Smith-Briggs

March 27, 2006

Child’s name: Kelsey Smith-Briggs; a.k.a. Kelsey Shelton Smith

DOB: 12/28/02
DOD: 10/11/05
Age at death: 2 years 9 months 13 days

Stepfather: Michael Lee Porter

Authorization

Title 10, Chapter 70, Section 7005-1.4, E, states:

E. 1. In cases involving the death or near death of a child when a person responsible for the
child has been charged by information or indictment with committing a crime resulting in the
child's death or near death, there shall be a presumption that the best interest of the public
will be served by public disclosure of certain information concerning the circumstances of the
investigation of the death or near death of the child and any other investigations concerning
that child, or other children living in the same household.

2. At any time subsequent to seven (7) days of the date the person responsible for the child
has been criminally charged, the Department of Human Services, the Oklahoma Commission
on Children and Youth, or the district attorney may release the following information to the
public:

a. a confirmation that a report has been made concerning the alleged victim or other
children living in the same household and whether an investigation has begun,

b. confirmation as to whether previous reports have been made and the dates thereof, a
summary of those previous reports, the dates and outcome of any investigations or
actions taken by the Department of Human Services in response to any report of child
abuse or neglect, and any actions taken by the district attorney after submission of any
investigative report, and

c. the dates of any judicial proceedings prior to the child's death or near death, a
summary of each participant's recommendations made at the judicial proceedings, and
the rulings of the court.

3. Any disclosure of information pursuant to this section shall not identify or provide an
identifying description of any complainant or reporter of child abuse or neglect, and shall not
identify the name of the child victim's siblings or other children living in the same household,
the parent or other person responsible for the child or any other member of the household,
other than the person criminally charged.

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Summary of
• Actions taken by the Department of Human Services
• Actions taken by the district attorney
• Judicial proceedings
• Rulings of the court

* This is the third report prepared by the Office of Juvenile System Oversight regarding
the child death of Kelsey Smith-Briggs. All previous reports have been included. New
entries have been italicized.

January 17, 2005

First Referral
Summary of Allegations: Kelsey, a 2 year old child, was identified by reporter with
bruises on her face and body and abrasions on her bottom and neck. Reportedly,
she was wearing a brace. According to the reporter Kelsey had fallen out of bed on
January 8, 2005, while sleeping at home, and had broken her collar bone.
Reportedly, a report was called to the Shawnee Police and Kelsey was taken to the
emergency room in Shawnee at Unity North Hospital. Reportedly, the Meeker Police
were called and took a report. The child was not placed in protective custody due to
being with the grandparents over the weekend. Reportedly, the bruises on the child
are different ages and some are fading.

Findings: “Confirm – Services Recommended.” According to the Report to the

District Attorney, the DHS investigation indicated that the mother’s stories regarding
the night of the incident were conflicting. The facial bruising, noted by the physician
on January 14, 2005, was not evident the evening Kelsey presented with a broken
clavicle, January 10, 2005. The physician 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. Child Welfare
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, and to require the mother to
work a court ordered treatment plan to address the abuse of Kelsey.

This referral was confirmed on February 10, 2005.

Second Referral (Also dated January 17, 2005)

Summary of Allegations: The reporter alleged that Kelsey was covered with bruises
and had a broken collar bone. Reportedly, the emergency room staff stated the

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 injuries the child sustained were in various stages of healing and could not have
been caused by one fall. Reportedly, the biological mother went to the Meeker police
and insisted the child had no marks on her when given to the father’s family.
Reportedly, the emergency room physician stated the injuries were more consistent
of a beating with an object such as a hair brush.

Findings: Second Referral was “Screened Out.” The referral was linked to the open
First Referral.

January 19, 2005

The emergency room physician was interviewed by DHS staff on January 19, 2005. He
was interviewed regarding his examinations of Kelsey on January 10, 2005, and
January 14, 2005. (His comments are reported above in reference to the First Referral.)

Child welfare also interviewed Michael Porter (boyfriend of mother). Mr. Porter stated
that he was with the mother when they picked up Kelsey from the paternal grandparents
on January 1, 2005.

Mother signed a voluntary family service agreement to leave Kelsey with the maternal
grandparent for the night to ensure the child’s safety.

January 21, 2005

Child welfare interviewed the paternal grandmother. She indicated that she had not
seen bruising on Kelsey on any occasion prior to January 14, 2005. (Report to the
District Attorney, DHS First Referral)

January 24, 2005

In an interview with the DHS, the mother stated that she took Kelsey to the doctor for a
bruising test on January 21, 2005. (Report to the District Attorney, First Referral)

A petition for appointment of guardian of minor was filed and granted at the Lincoln
County Court to name paternal grandmother guardian of Kelsey. Other actions:
• Emergency special letters of guardianship; effective until February 4, 2005
• Application to appoint guardian ad litem
• Order appointing guardian ad litem
• Order for hearing petition for appointment of guardian; hearing set for February 4,
2005
• Notice of hearing petition for appointment of guardian

January 28, 2005

Lincoln County District Court appointed a guardian ad litem for Kelsey
(guardian ad litem #2, replacing the previous guardian ad litem).

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.

February 2, 2005
Lincoln County Court ordered “the disclosure of DHS records to court and the
appearance of witnesses.”

February 3, 2005
Child welfare interviewed the mother. The mother admitted to spanking Kelsey on the
diaper with her hand but denied having seen the bruises reported on January 14, 2005.
(Report to the District Attorney, First Referral)

February 4, 2005
The biological father consented to the Guardianship Petition filed by paternal
grandparents. The document was signed and notarized in another state.

Summary of the Transcript of Proceedings held on February 4, 2005, in the District

Court of Lincoln County, State of Oklahoma, in the matter of guardianship of Kelsey S.
Smith-Briggs, minor child, Case No. PG-05-03.

Appearances: Legal counsel on behalf of the petitioners (paternal

grandparents), legal counsel on behalf of the respondent mother, and the
guardian ad litem.

• Evidence on behalf of the petitioners was presented by testimony of the paternal

grandmother, the paternal grandfather, and a Lincoln County Department of
Human Services (DHS) child welfare intake worker.
• Evidence on behalf of the respondent mother was presented by testimony of two
Meeker Police Officers, a day care proprietor, the respondent mother’s
grandmother, and the respondent mother.

Summary of each participant’s recommendations made at the judicial proceedings:

Paternal grandmother
The paternal grandmother appeared on her own behalf. The counsel for the
petitioners asked, “Do you want to retain custody of this child in these
guardianship proceedings?”

The paternal grandmother responded: “Yes.”

Paternal Grandfather
The paternal grandfather appeared on his own behalf. The paternal grandfather
did not make a recommendation to the court.

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DHS Child Welfare Intake Worker
A child welfare intake worker appeared on behalf of the petitioners (paternal
grandparents). The counsel for the paternal grandparents asked, “And if the
Court does not grant the relief requested by the petitioners today, is the
department going to take action?”

The child welfare intake worker replied, “Yes.”

The counsel for the paternal grandparents asked, “Can you tell us what that
action would be?”

The child welfare intake worker answered, “We would go and file a petition, an
emergency custody petition, asking that the child be placed in emergency
custody of DHS on further pending investigation until we can make a
recommendation.”

Meeker Police Officer #1

A Meeker Police officer appeared on behalf of the respondent mother. Counsel
on behalf of the respondent mother asked the officer, “[officer’s name] officer,
has your opinion changed from when you were initially called till today about this
case?”

The officer answered, “No. My opinion still stands that I don’t believe there is
child abuse that occurred.”

Meeker Police Officer #2

A second Meeker Police officer appeared on behalf of the respondent mother.
Counsel on behalf of the respondent mother asked officer #2, “What is your
opinion about whether this child Kelsey has been abused?”

Officer #2 responded, “Has not been abused; just standard childhood injuries.”

Day Care Proprietor

A day care proprietor appeared on behalf of the respondent mother. The day
care proprietor did not make a recommendation to the Court.

Respondent Mother’s Grandmother

The respondent’s grandmother appeared on the respondent’s behalf. The
respondent’s grandmother did not make a recommendation to the Court.

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 The Respondent Mother
The respondent mother appeared on her own behalf. The respondent mother did
not make a recommendation to the Court.

The Court ordered continued placement in the home of the petitioners (paternal
grandparents). The Court granted the respondent mother visitation to be conducted
with the respondent’s grandmother. The DHS was requested to complete their
investigation by Friday, February 11, 2006.

February 10, 2005

DHS confirms the First Referral “Confirm - Services Recommended.” (See
documentation of First Referral at January 17, 2005, above.)

February 11, 2005

Lincoln County Court judicial proceedings:
• Guardianship continued until March 11, 2005, pending filing of deprived case by
state
• Cases to be heard simultaneously (guardianship and the pending deprived case
by state)
• Mother granted supervised visitation with the minor child for every week from
6:00 p.m. Friday to noon, Monday
• Visits to be supervised

February 23, 2005

The District Attorney 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 the Respondent Juvenile from said abuse.

Other judicial actions:

• Court was set for March 10, 2005.

March 9, 2005
Lincoln County Court judicial proceedings:
• Affidavit of return of service.

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March 11, 2005
Lincoln County Court judicial proceedings:
• The temporary order previously entered shall remain in full force and effect
pending further review on June 6, 2005, at 9:30 a.m.
• Previous orders were modified so that:
o the guardians were granted one 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;
o in the event the natural father is available to travel to the State of
Oklahoma prior to his deployment, the minor child shall be allowed to see
the father in the Sate of Oklahoma regardless of whose weekend visitation
might normally be scheduled;
o the natural mother was granted overnight visitation on each Wednesday,
beginning March 16, 2005, from noon on Wednesday until noon on
Thursday;
o 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; and
o the parties may switch weekends by agreement and the weekends be
made up as called for and as reflected in this order.

March 24, 2005

Third Referral
Summary of Allegations: DHS received a report that 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 reportedly from a fall at the mother’s house.

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
to her, 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 further injuries to Kelsey. Court intervention was
not requested.

* Since this 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.

April 14, 2005

Reportedly, Kelsey twisted her foot while visiting the zoo.

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Fourth Referral
Summary of Allegations: Reportedly, Kelsey had a sprained ankle, and had bruising
on her right and left arm and lower back. The caller also reported “yellowish bruising”
on Kelsey’s middle back.

The on-call child welfare worker contacted the stepmother and the mother, and
interviewed the child welfare investigator and the child welfare supervisor. The
supervisor reported “that there is a bruise on the child’s left arm about 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.”

Findings: This referral was “Screened Out.” In the findings narrative, the worker
documented, “There is a current ongoing investigation addressing the same
allegations.” (Third Referral)

April 25, 2005

Fifth Referral
Summary of Allegations: Kelsey was brought into the DHS office by her mother on
April 25, 2005. DHS staff noticed that Kelsey whimpered and would not walk or
crawl. DHS staff recommended that the mother take the child to the emergency
room right away.

DHS was notified by the emergency room that Kelsey had bi-lateral fractures on her
left and right tibias.

Findings: “Confirmed-Court Intervention Requested.”* In recommendations 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 U.S. Military but received no response on how to contact the father or the date of
his deployment. 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 in that Mr. Porter was living in the home with
the mother. The worker recommended that Kelsey remain in DHS custody and be
placed outside both paternal grandmother’s and the mother’s home.

*The worker and supervisor signed off on this report on June 10, 2005.

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April 29, 2005
Sixth Referral
Summary of Allegations: 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 stepsister
when the stepsister elbowed her in the nose.

The reporter also stated that there were little bruises on Kelsey’s cheeks. Reporter
stated that it looked like someone grabbed her by the face with their fingers and that
these bruises are light purple and are not very dark.

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 reported 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.

*The worker and supervisor signed off on this report on July 14, 2005.

May 3, 2005
In an affidavit filed in Lincoln County on 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 the DHS office and the child was observed to not walk
and wanting to be carried. The worker instructed the mother to take the
child to the doctor. On April 18, 2005, the child was taken to a physician in
Shawnee for examination. The physician reported to the worker that the
child had two bilateral fractures 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 reported that a blood test was completed on Kelsey
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 to Kelsey’s nose the same
day, and pictures were taken. It was alleged that Kelsey got the bruise
from being elbowed by another child while sleeping on the night of April
27, 2005.

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 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 reported 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.

*The date appears to be incorrect as other DHS documentation showed the office visit
occurred on April 25, 2005.

Lincoln County Court judicial proceedings:

• Kelsey was placed in the emergency protective custody of DHS.
• Show cause hearing ordered for May 5, 2005.

DHS placed the child with the maternal grandmother.

May 4, 2005
Seventh Referral
Summary of Allegations: A medical report of suspected child abuse was filed with
DHS stating that the injuries to Kelsey’s legs were inconsistent with the explanation
given by the family.

Findings: “Screened Out.” The DHS linked this referral to the open Fifth Referral.
The DHS reported that this referral was regarding the same allegations as the Fifth
Referral.

(See April 25 above and June 10 entries)

May 5, 2005
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.”

District Court of Lincoln County (Show Cause Hearing)

Summary of the Transcript of Proceedings held on May 5, 2005, in the District Court of
Lincoln County, State of Oklahoma, in the interest of Kelsey S. Smith-Briggs, Deprived
Child as Defined by the Laws of the State of Oklahoma, Case No. JD-05-10.

The State of Oklahoma was represented by the Lincoln County Assistant

District Attorney. The child was represented by a Guardian Ad Litem. The
respondent mother and the guardians (paternal grandparents) were also
represented by legal counsel.

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Summary of each participant’s recommendations made at the judicial
proceedings:

The Assistant District Attorney made recommendation to “retain or leave

custody with the Department of Human Services for the time being.”

Legal counsel on behalf of the respondent mother concurred.

Legal counsel on behalf of the guardians entered an objection to

placement with the maternal grandmother.

The Court appointed a guardian ad litem (guardian ad litem #3, replacing

the previous guardian ad litem).

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 in regards to the paternal grandparents.

Legal counsel on behalf of the respondent mother recommended

placement with the maternal grandmother, and to remove the restriction
on visitation by the step-father (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 liberal, supervised visitation

for “both grandparents and mother,” with supervision provided by the
maternal grandmother.

The Court would not accept a recommendation for visitation to be

supervised by the maternal grandmother.

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 respondent mother recommended that the

mother be allowed visitation without DHS supervision.

Legal counsel on behalf of the guardians recommended supervision be

equally required for both parties.

A DHS caseworker recommended supervised visitation at the DHS

offices.

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 After considering testimony the Court determined:
• The deprived petition is stale (filed on February 23, 2005)
• Amended petition must be filed by May 11, 2005
• The child shall remain in the custody of the DHS
• Placement to be determined by the DHS [child remained in the
home of the maternal grandmother]
• Each party to be allowed visitation until the next court date
• Visitation to be four hours per week for the natural mother and legal
guardians.
• Visitation to occur at the DHS
• Hearing set for June 6, 2005

May 10, 2005

Lincoln County Court judicial proceedings:
• Judge appoints a Court Appointed Special Advocate (CASA)
• CASA to complete investigation
• Next hearing set for June 6, 2005

May 11, 2005

The District Attorney filed an amended petition before the Lincoln County Court. The
petition (amended from 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 [paternal grandmother] either perpetrated
the acts of abuse or failed to protect the respondent juvenile form [from] the abuse.

May 31, 2005

The mother’s Individualized Services Plan, created by the DHS on May 31, 2005, and
signed in July, addressed risk factors within the home identified by the DHS.

June 1, 2005
Child welfare recommended Community Home Based Services to “provide better
supervision to improve parenting skills, so that Kelsey will not sustain any other
injuries.” (CHBS referral screen and DHS paper file)

The CASA Report to the Court recommended:

• Kelsey be returned to her mother’s custody
• The paternal grandparents can have supervised visitation one hour every other
Saturday

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 • Kelsey can spend time at the maternal grandmother’s home including spending
the night
• If this arrangement does not work out, Kelsey was to be placed in the maternal
grandmother’s home until the court decides otherwise.
• Kelsey should be enrolled in Head Start and have a speech therapist help her
with her language
• A request for a 90 day review, due to “having this case such a short time.”

June 3, 2005
The Lincoln County District Attorney filed a motion for continuance to allow the DHS
additional time to complete their report.

June 6, 2005
Eighth Referral
Summary of Allegations: The caller alleged neglect of Kelsey’s stepsister and
stepbrother (Michael Porter’s children) by their father and stepmother.
Reportedly, [the stepsister] told someone that she wasn’t supposed to talk about
“what went on in her 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 use.

Findings: “Screened Out.” DHS reported that the reporter could not provide
collaterals and would not give the names of those to whom she/he has spoken.

Summary of the transcript of proceedings held on June 6, 2005, in the District Court of
Lincoln County, State of Oklahoma, in the matter of guardianship of Kelsey S. Smith-
Briggs, minor child, case No. JD-05-10 and PG-05-03.

The State of Oklahoma was represented by the Lincoln County Assistant District
Attorney. The child was represented by a Guardian Ad Litem. The respondent
mother and the guardians (paternal grandparents) were also represented by
legal counsel.

Summary of each participant’s recommendations made at the judicial

proceedings:

The Court considered arguments for a motion for continuance of JD-05-

10.

The Assistant District Attorney recommended a continuance to allow the

DHS to complete their investigation.

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 A DHS worker requested additional time to contact collaterals before
closing the investigation with findings and recommendations to the court.

Legal counsel for the guardians recommended a continuance.

The guardian ad litem recommended a continuance.

Legal counsel for the respondent mother recommended a hearing on the

PG [guardian] case.

The Court granted the continuance. 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.

June 15 & 16
District Court of Lincoln County

Summary of the transcript of proceedings held on June 15 and June 16, 2005, in the
District Court of Lincoln County, State of Oklahoma, in 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.

The State of Oklahoma was represented by the Lincoln County Assistant District
Attorney. The child was represented by a guardian ad litem. The respondent mother
and the petitioners (paternal grandparents) were also represented.

• Evidence on behalf of the State of Oklahoma was presented by testimony of a

Lincoln County Department of Human Services (DHS) child welfare supervisor
(supervisor #1) and testimony of a Lincoln County DHS child welfare intake
worker.
• Evidence on behalf of the respondent mother was presented by testimony of a
Lincoln County CASA worker, a Lincoln County DHS treatment worker, the
maternal grandmother, a Lincoln County DHS supervisor (supervisor #2), the
step-father, and the biological mother.
• Evidence on behalf of the petitioners was presented by testimony of three
witnesses and the paternal grandmother.
• The transcript of proceedings also documented exhibits that were filed under a
separate cover.

The Department of Human Services Report to the District Attorney

Subsequent to a DHS investigation dated April 25, 2005, Lincoln County Child
Welfare made the following recommendations to the District Attorney. In an
investigation of Kelsey’s bi-lateral fractured tibias, the child welfare worker

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 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 DHS worker could not
confirm his location. The DHS supervisor had faxed a written request to the U.S.
Military but received no response on how to contact the father or the date of his
deployment. 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 in that the step-father was living in
the home with the mother. The worker recommended that Kelsey remain in DHS
custody and be placed outside both paternal grandmother’s and the mother’s
home.

The investigation was completed on June 10, 2005.

Summary of each participant’s recommendations made at the judicial proceedings:

DHS Child Welfare Supervisor #1

A DHS child welfare supervisor (#1) appeared on behalf of the State of
Oklahoma and the DHS Report to the District Attorney, June 10, 2005.

DHS Child Welfare Intake Worker

A DHS child welfare intake worker appeared on behalf of the State of Oklahoma
and the DHS Report to the District Attorney, June 10, 2005.

CASA Worker
A CASA worker appeared on behalf of the respondent mother. The worker was
asked by legal counsel for the respondent mother, “What’s your recommendation
as to who the child should be placed with today?”

The CASA worker responded, “Back with her mother.”

DHS Child Welfare Treatment Worker

A DHS child welfare treatment worker appeared on behalf of the respondent
mother. The worker recommended that the child remain in her present placement
[with maternal grandmother] and continued visitation as present. The placement
with the mother would be “phased in” following services provided by Community
Home Based Services (CHBS).

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When asked, “Is there any indication that the child may be returned to [the
paternal grandmother’s] home through your recommendation?”

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 [the
mother]?”

She replied, “No, your Honor, there’s not.”

Maternal Grandmother
The maternal grandmother appeared on behalf of the respondent mother. When
asked if she wanted to retain custody, the maternal grandmother replied, “I think
she needs to go back home with her mother.”

DHS Child Welfare Supervisor #2

A DHS child welfare supervisor (#2) appeared on behalf of the respondent
mother. The child welfare supervisor did not make a recommendation to the
court.

The Step-father
The step-father appeared on behalf of the respondent mother. Counsel for the
respondent mother asked the step-father, “What is your thoughts (sic) on
whether Kelsey come live in the home with you and [the mother] and your
daughter?”

The step-father answered, “I believe she should, yes, and I would like her to.”

The Mother
The respondent mother appeared on her own behalf. When asked by her legal
counsel, “Are you asking today that the guardianship be terminated?”

She responded, “Yes.” She also affirmed that the deprived action should be
denied.

When asked, “Are you asking the Court to return the child to you today.”

She responded, “Yes.”

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 Witness #1
Witness #1 appeared on behalf of the petitioners [paternal grandparents]. The
witness indicated that the child should be returned to the mother “when things get
straightened out.”

Witness #2
Witness #2 appeared on behalf of the petitioners [paternal grandparents].
Witness #2 did not make a recommendation to the Court.

Witness #3
Witness #3 appeared on behalf of the petitioners [paternal grandparents].
Witness #3 did not make a recommendation to the Court.

Paternal grandmother
The paternal grandmother appeared on her own behalf. The counsel for the
paternal grandparents asked, “So what do you think ought to happen with regard
to the guardianship?”

She answered, “I would like to remain as the guardian until there are further
classes taken either with [the mother] or [the step-father] or until we get to the
bottom of what actually happened to her.”

Counsel later asked, “Do you think that the child should be returned to Mother
now?”

The paternal grandmother responded, “Not at this time.” She continued, “I would
eventually like to see [the mother] and Kelsey reunited.”

The paternal grandmother later affirmed that she would like Kelsey to go home
with her at the conclusion of the hearing.

Adjudication

After considering testimony and viewing the depositions of two physicians, the
Court determined:
• Dissolution of the guardianship set forth in PG-05-3.
• Adjudication in regards to the deprived petition against an unknown
perpetrator. The minor child was placed back in the home of the natural
mother. Visitation was to be determined by the department [DHS]. CHBS was
to be placed in the home. Dispositional hearing was set for July 14, 2005.

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July 7, 2005
KIDS documentation indicated the first CHBS home visit. The CHBS visit was delayed
due to delays by child welfare, as documented by CHBS. This is the first documented
home visit since June 16, 2005.

July 12, 2005

The CASA report to the court recommended:
• That Kelsey stay with her mother
• That the biological father and stepmother have one hour of supervised visitation
every 30 days or as determined by DHS
• That Kelsey can spend the night with the maternal grandmother
• “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.

August 17, 2005

The CASA report to the court recommended:
• Continued placement in the mother and step father’s home
• One hour unsupervised visitation every other Saturday at father and
stepmother’s home
• Kelsey can spend time at maternal grandmother’s home including spending the
night

August 18, 2005

Summary of the Transcript of Proceedings held on August 18, 2005, in the District Court
of Lincoln County, State of Oklahoma, in the interest of Kelsey S. Smith-Briggs,
deprived child as defined by the laws of the State of Oklahoma, Case No. JD-05-10.

The State of Oklahoma was represented by the Lincoln County Assistant District
Attorney. The child was represented by a guardian ad litem. The Sac and Fox Nation
District Court Attorney General made an appearance. The respondent mother and the
guardians (paternal grandparents) were also represented by legal counsel.

Legal counsel for the guardians recommended the stepmother have 5 hours
unsupervised visitation on alternating weekends.

The Court ordered:

• The stepmother to have visitation on alternating weekends beginning August 20,
2005, for five hours from 9:00 a.m. to 2:00 p.m., no supervision required
• The father shall have visits when he returns
• If child needs medical attention the custodial parent shall be notified immediately

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August 24, 2005
Child welfare documented the CHBS critical incident reports dated August 2, 2005,
August 19, 2005, and August 23, 2005. The reports indicated that on August 2, Kelsey
was demonstrating self-injurious behaviors and night terrors; on August 19, Kelsey was
involved in a car accident (confirmed by police report); and on August 23, Kelsey was
refusing food.

August 29, 2005

Ninth Referral
Summary of Allegations: The reporter stated that 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.

Findings: “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
physician saw the child on August 25, 2005, and documented the injuries.

August 30, 2005

Child welfare initiated a referral for Kelsey to the Child Study Center in Oklahoma City
for play therapy counseling.

Lincoln County Court received a letter from Kelsey’s physician recommending that the
child remain in one home in order to evaluate the child for “tonic seizure activity.”

September 2, 2005
Application for emergency order was filed by Lincoln County District Attorney. The
application requested that unsupervised visits with the stepmother be discontinued due
to the letter from the child’s physician.

September 6, 2005
Child welfare documented a CHBS report of an incident concerning Kelsey’s eye.
Reportedly, the mother had washed Kelsey’s hair with an adult shampoo. It was
reported that some of the shampoo entered Kelsey’s eye. In an attempt to rub the
shampoo out, Kelsey rubbed a blister on her eyelid. The worker observed Kelsey’s eye
after the mother had applied some cream to the eyelid. The worker asked Kelsey about
her eye, and Kelsey indicated that she “got shampoo in it.” CHBS also documented an
unsupervised moment when Kelsey was able to walk into the middle of the street.

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September 8, 2005
Summary of the Transcript of Proceedings held on September 8, 2005, in the District
Court of Lincoln County, State of Oklahoma, in the interest of Kelsey S. Smith-Briggs,
deprived child as defined by the laws of the State of Oklahoma, Case No. JD-05-10.

The State of Oklahoma was represented by the Lincoln County Assistant District
Attorney. The child was represented by a guardian ad litem. The respondent mother
was also represented by legal counsel.

Summary of each participant’s recommendations made at the judicial proceedings:

The Assistant District Attorney made recommendation to return custody from the
DHS to the mother, and allow her to control visitation.

The DHS Child Welfare Supervisor made recommendation to allow DHS to

maintain custody and continue working towards reunification.

The guardian ad litem made recommendation to return custody back to the

mother.

The Court ordered recess.

Following recess, the Assistant District Attorney withdrew the motion to return
custody to the mother.

The Court ordered termination of unsupervised visits except for father (in order to
monitor for seizures; See September 2, 2005, entry); to allow the CASA worker to
communicate with the CHBS worker; and to set a review for January 12, 2006. [The
child remained in DHS custody.]

A letter is attached to the court minute from the child welfare worker outlining
Kelsey’s doctor appointments. The letter indicated that the last doctor appointment
was on August 31, 2005.

September 23, 2005

The child welfare supervisor reported in contact notes a telephone contact with the
father. The father asked numerous questions regarding the health and safety of his
daughter.

October 6, 2005
The child welfare supervisor documented in contact notes that the father called and
reported he was currently stationed in another state.

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October 11, 2005
The CHBS worker documented a contact note indicating a house visit on October 11,
2005, between the hours of noon and 1:30 p.m. The worker observed the child and
noted that Kelsey had a small purple bruise about the size of a nickel and a band aid on
one finger. The worker conducted the baseline session of the “Eco-Behavioral Home
Safety and Cleanliness Training/Assessment” in the living room, kitchen, Kelsey's room
and bathroom.

The next home visit was scheduled for October 18, at 11:00 a.m.

October 11, 2005

Tenth Referral
Summary of Allegations: A referral was received indicating Kelsey Smith-Briggs
was taken to Prague Hospital as she was not breathing. Reportedly, the family
stated that the child may have suffered a seizure. According to the reporter, the
child later died.

October 12, 2005

Eleventh Referral
Summary of Allegations: Inquiry regarding the death of Kelsey Smith.

Findings: “Screened Out.” The file was associated with the current open tenth
referral.

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