Rep. Gabe Woolley, R-Broken Arrow, has introduced House Bill 1100, a legislative measure aimed at ensuring accountability within the Oklahoma Department of Human Services (DHS). The bill would require clear and convincing evidence to keep a child away from their parent or guardian. HB1100 would also impose felony kidnapping charges on the DHS employee who is responsible for approving the continued holding or release of a child for noncompliance.
“Due process appears to be an idea that has gone out the window in many cases here in Oklahoma,” said Woolley. “House Bill 1100 ensures the government is not above the law and requires concrete evidence of a crime or misconduct before the Department of Human Services can keep a child away from their family.”
Woolley authored HB1100 to prevent children from being wrong-fully taken or kept from their families by DHS, even in cases where charges were dropped or no evidence of misconduct was found. HB1100 would mandate that DHS present “clear and convincing evidence” of abuse or criminal behavior to justify separating a child from their family. If DHS fails to meet this new standard and refuses to return a child, the agency employee responsible for making that decision could face felony kidnapping charges.
“No one is above the law,” Woolley stated. “If a private individual refuses to return someone’s child, they would face charges of kidnapping. DHS should be held to the same standard. Too often, Oklahomans have seen families torn apart without evidence or due process, and that must stop.”
Woolley emphasized the importance of balancing the scales of justice and addressing the lack of accountability and transparency within DHS.
“Oklahoma families should not live in fear of their own government,” he said. “This bill helps ensure DHS and the courts do not abuse their power and that families are protected at all costs.”
HB1100 also seeks to replace the phrase “preponderance of evidence” with “clear and convincing evidence.” Currently in Oklahoma child custody cases, “preponderance of evidence” refers to a legal standard requiring a more likely than not chance of misconduct to justify keeping a child from their family.
By replacing this term with “clear and convincing evidence,” HB1100 would require DHS to present strong, concrete proof that leaves little room for doubt about its validity.
“Preponderance of evidence does not prove guilt,” Woolley noted. “The vague language in our laws has been weaponized to divide and destroy innocent families. It’s time to bring clarity, justice and accountability back into our system.”
This bill still allows the court to hold review and follow-up hearings if DHS presents legitimate evidence of abuse to protect children.
Woolley concluded, “In Oklahoma and in America, we believe in due process and the principle of being innocent until proven guilty. House Bill 1100 reflects these values and ensures that the government entity designed to protect children is held to the highest standards of justice.”
