Kelsey Smith-Briggs
What the report found
The Oklahoman, July 1, 2007
In its 33-page confidential report, the oversight agency found:
"A State Department of Human Services worker failed to check out an explanation by Kelsey's mother
and the mother's boyfriend that she suffered injuries in March 2005 when she fell while leaning on a
screen door at a friend's house. The friend could have provided direct information about the
explanation.
"DHS workers should have called police after Kelsey broke both shins in April 2005. DHS policy
states "law enforcement is to be contacted as soon as possible when the ... abuse or neglect caused
serious injury to the child.'"
"At the June 2005 hearing, a DHS worker was wrong to tell the judge Kelsey's mother satisfactorily
completed a treatment plan necessary for Kelsey's return. "Kelsey's parents had not demonstrated an
ability to protect Kelsey, nor was Kelsey free from physical and/or emotional abuse," the oversight
agency said. "The treatment plan had not been completed."
"Also at the June 2005 hearing, the judge found Kelsey's abuser was unknown because DHS reported "it
was unknown who may have caused the broken bones." Yet a review of the child's injuries in the
months before that hearing "established a pattern of who was responsible for the care of the child
when the child was injured," the agency reported. Kelsey was mostly in her mother's care those
times, according to the report.
"DHS workers did not contact their own attorneys to possibly appeal after the judge ordered Kelsey's
immediate return to her mother. DHS had recommended Kelsey's return be phased in over weeks.
"DHS failed to fully investigate bruising, a rub burn around the eye and other problems with Kelsey
after she went back to her mother. Workers blamed some injuries on an Aug. 19, 2005, pickup
accident. "The accident was not investigated by the DHS," the oversight agency said. "The family
left the emergency room without examination by a physician."
"DHS "had sufficient cause" to consider removing Kelsey again or some other alternative after Kelsey
continued to be bruised and had seizures, night terrors and behavioral changes after returning to
her mother.
"DHS workers either failed to adequately investigate whether the paternal grandmother, Kathie
Briggs, could have abused Kelsey or the workers let Briggs' demeanor, persistence and irritation
negatively influence them so much they didn't adequately check out her concerns about Kelsey's
mother.
"DHS workers also may not have thought the danger to Kelsey to be significant enough to warrant a
thorough investigation or they did not comprehensively review the case to consider evidence of a
different perpetrator.
"DHS failed to give the judge a report about the child's continued injuries before the judge held a
follow-up hearing Sept. 8, 2005.
"The judge, district attorney, a court-appointed special advocate and a private child-welfare worker
also could have done things differently. The district attorney, for instance, could have asked the
Oklahoma State Bureau of Investigations to look at the abuse allegations.
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