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DHS employee accused of having sex with woman in his care
By Associated Press
10/25/2007 3:36 AM
http://www.tulsaworld.com/news/article.aspx?articleID=071025_1__McALE53278
McALESTER -- Pittsburg County prosecutors have charged a longtime
Department of Human Services employee with rape for allegedly having sex
with a developmentally disabled woman under foster care in his home.
James L. Smith, 62, was charged Monday with first-degree rape. His wife,
Lynn Smith, 59, is charged with a misdemeanor count of failing to report
abuse.
District Attorney J.B. Miller said the victim is 38, but isn't mentally
competent to consent to sex.
Two DHS workers said they received an anonymous tip alleging that Lynn
Smith had seen her husband and the woman having sex Oct. 14, sheriff's
Deputy Jeremy Webb wrote in an arrest affidavit.
James Smith admitted during an interview Oct. 17 at the sheriff's office
"to having engaged in sex with" the woman "on numerous occasions during
the past six months," the deputy alleged in his report.
Lynn Smith also admitted to having seen her husband and the woman having
sex at their home the evening of Oct. 14, the deputy alleged in the
document.
The deputy described James and Lynn Smith as the adult foster caretakers
of the victim and reported they are paid by the state.
The couple couldn't be reached for comment on Wednesday.
The woman has been removed from the home, DHS spokesman George Johnson
said. Since she was under state custody, the woman was either placed in
the home by DHS or by a contractor overseen by DHS.
James Smith was placed on leave after the investigation began and
remains on leave, Johnson said.
He is employed as a social services specialist II, and worked out of the
Choctaw Nation Health Clinic in McAlester. He makes $33,900 a year.
By Associated Press
Comments:
Add your comment
(44) readers have commented on this story so far. Tell us what you think
below!
1. 10/25/2007 6:42:51 AM, Voter,
Our wonderful Department of Human Services!!!!!!!!!!!!!
2. 10/25/2007 7:53:19 AM, Jan Mansfield, Ponca City,Okla
Come on state of Oklahoma how can you let people like this work for you,
do you not check people out that are in your employment? This is
something that should never have happen.
3. 10/25/2007 8:05:18 AM, Lynda, Seiling
I truly believe these people should be prosecuted to the fullest. DHS is
suppose to protect our children and our adults that cannot take care of
themselves. DHS let's concentrate on the people who are REALLY abusing
our children and handicapped, NOT the ones who have been under the
microscope without any REAL cause.
4. 10/25/2007 8:30:06 AM, DD Parent, Tulsa
The thing most upsetting to me about this situation is that we have a
worker hired through a provider agency and paid by DHS, who comes to our
house each afternoon and works with our son, who is developmentally
disabled. She is well-educated, charming, and best of all, my son has
responded well to her, and is learning how to care for himself so that
eventually, perhaps he can move to a group home. People like our worker
deserve a medal, because they are very low-paid (admittedly, we give her
a cash bonus as frequently as possible) and yet perform such a marvelous
service. So then something like this hits the paper, and it strikes
terror in me. I know we won't always be fortunate enough to oversee the
workers who help our son, and the provider agency doesn't truly provide
much oversight. There will be little to no protection for my son someday
when we are no longer here. Scares me to death, but at this point, there
are no alternatives.
5. 10/25/2007 8:37:04 AM, Michele Davis, McAlester
Hmmmm. I recently quit a job of twelve years with a provider agency who
contracts with DHS for the Disabilities Services Division in McAlester.
Let me assure you, DDS in Pittsburg County "turns their head" if it is
going to cause them to have to do any extra paperwork or get up in the
middle of the night, etc. The people who are at the "top" so to speak at
McAlester think "they" make the rules and that's the way they play the
game. That is the EXACT reason that I quit the job after so long. I
could go on and on, but I decided after turning in report after report
to DHS and getting no help, to just "move on".
6. 10/25/2007 8:55:16 AM, DD Parent, Tulsa
So, Michele, is there any fix for it, or is it so broken that those of
us who must depend on services will just have to make sure we continue
to do DHS oversight ourselves? I'm lucky - I can't be there all the
time, but I have a flexible enough job that I'm there often enough to
keep tabs on things. Others aren't so lucky. Do you think it is lack of
money, or a corrupt system, or an overloaded system, or all of the above?
7. 10/25/2007 9:03:22 AM, fb,
Sure isn't a perfect system. Yes, the system needs help -
Extra paperwork? Don't always blame overworked workers for 'turning
their heads' - sometimes it is sheer exhaustion of overwork and under
salaried. First - blame the accused - prosecute him - then see what can
be done for the system to be improved so that hard working, underpaid
adults are NOT overworked and NOT underpaid - and COMPENSATED for
getting up in the middle of the night to leave their own children and
spouses, and still show up for work the next day and continue to put in
plenty of overtime that is salaried (i. e. no overtime pay) Michele is
right and she maybe got out before personal burnout. But Milchelle,
would you get up in the middle of the night if you thought it could be
handled on regular hours? A personal never really knows what they will
do until it is time to do it.
8. 10/25/2007 9:11:58 AM, fb,
My post should have said "A person never knows what they will do until
it is time to do it." For example - will you run into a burning building
to save a litter of puppies? More seriously, what about someone else's
child? Some people will quickly say 'yes' - but fire is hot and when it
is time for a person to do the deed it may not be what they said they
would do. The same goes for blanket statements criticizing others and
BELIEVING that your response to difficult situations would be different
than theirs. Don't be so quick to judge individuals. You get more from
the praising the dog than kicking the dog.
9. 10/25/2007 9:18:40 AM, Bill Strader,
It's a corrupt system. They do as they want too and no one takes the
responsibility of them. Try contacting any of our state officials about
them and see how much help you get.
10. 10/25/2007 10:02:08 AM, Mike, Tulsa
This is an unfortunate situation and this man should be punished to the
full extent of the law, however there are many caring individuals
working for very little pay within DHS that truly care about the job
they do and try to make a difference. I am in a relationship with a DHS
employee who many times gets up in the middle of the night, works on
reports all evening and trys to improve situations for abused children.
I dont believe it is fair to smear all DHS employee's because of a few
individuals behavior. There are bad apples in every organization.
11. 10/25/2007 10:35:54 AM, Susan,
This absolutely sickens me. This man should be punished to the fullest
extent that the law will allow. And the DHS should be investigated. Quit
placing blame on being overworked, stressed, yada, yada, yada. The
system needs a complete overhaul, starting at the top and going all the
way down.
BTW, I think the man should be horsewhipped, but then again we have to
respect his rights. What a load of horse dung.
12. 10/25/2007 10:58:31 AM, Dave, Tulsa
And what is just as sick is that apparently his wife saw this going on.
I don't know about the rest of you, but I can say for sure I wouldn't
live to tell the story if my wife witnessed me involved in something
like this.
13. 10/25/2007 11:02:44 AM, Tina, Tulsa
I totally agree Dave. I really don't understand how is wife could
witness it and not do anything. That just makes me sick. They should
both be punished to the fullest.
14. 10/25/2007 11:29:13 AM, Bob In Tulsa, Tulsa
The wife could be just plain evil, or she might have been between a rock
and a hard place: if she reports her husband, they lose the money paid
for taking care of the woman, he loses his job and income, and she loses
her husband. I'm not making an excuse for her, just giving a possible
alternative reason for her lack of action.
15. 10/25/2007 11:49:12 AM, Rex,
Illicit sex takes place in every segment of the government from the
small town cop to the big city CEO's. We only hear about the people who
get caught.You'd really have your socks knocked off if you knew how many
police officers have sex while on duty, and it ain't with their wives.
The wife peobably was the anonymous tipster.
16. 10/25/2007 11:52:45 AM, Diana, Tulsa
Is it possible that a person who is "not mentally competent to consent
to sex" can have a sex drive? Is it possible for him or her to enjoy
having a relationship? I really don't know, and there is no excuse for
the foster caretaker to do this, even if it was possible. But I wondered.
17. 10/25/2007 12:24:00 PM, Honky Donkey,
I'm down with Dave. My wife would kill me if she caught me pulling
anything like this let alone with a mentally incompetent person. This
dude's wife must think the money is a better option than her having to
deal with his needs. DISGUSTING!
18. 10/25/2007 12:26:04 PM, Rex,
I'm with 16, with everyone so concerned these days about equal rights,
what if she wanted a sexual relationship, does she not have freedom of
choice? i once new some folks who had their daughter sterilized because
she wanted to be sexually active and they did not want a pregnancy,she
was a mentally incompetent adult, but evidently sexually active.
19. 10/25/2007 12:35:25 PM, Michele Davis , McAlester
I am not smearing all DHS employee's. I have worked with PITTSBURG
county Developmental Disability Services Division employee's for twelve
years and I have witnessed REPEATED instances of the supervisor's and
case workers under her supervision do what they want in regards to these
individual's lives REGARDLESS of what State of Oklahoma policy and law
says. I have PERSONALLY turned in reports to Pittsburg County DHS/DDSD
and Adult Protective Services in Pittsburg County in regards to
exploitation, violation of human rights and outright abuse. Not only
were the allegations NOT investigated, but I never even received so much
as a reply on more than one occasion. Again, I repeat what I said in my
earlier post. I could go on and on and on....
20. 10/25/2007 12:41:47 PM, Michele Davis , McAlester
I personally worked with another individual who is developmentally
disabled who lives in the exact same type of home that Jim Smith
provided. This lady has been begging to be moved OUT of this home for
months and has made many many allegations against this caretaker of
verbal/emotional abuse and violation of her rights as an American
citizen. DDS policy itself states that an individual being provided with
their services has the absolute RIGHT to be moved at any time for ANY
reason. DHS has done NOTHING to help this woman.
21. 10/25/2007 12:47:48 PM, Michele Davis , McAlester
Yes, this woman does have the right to have sexual relationships if she
so chooses. However, as a paid employee who's job was to provide and
care for this lady, he did NOT have the right to have sex with her. This
man and his wife have provided these services for around twenty years.
My opinion is that had DHS DDS division been doing their jobs all of
these years, this might not have happened, as well as alot of other things.
okdhs.org/ddsd
22. 10/25/2007 12:49:32 PM, Michele Davis , McAlester
And just to set the record straight, I have worked with a few DDSD case
managers from Pittsburg County DHS who actually do have morals and
integrity. A few.
23. 10/25/2007 1:08:30 PM, Michelle, Tulsa
OK people, I understand this is a travesty, but don't say it is all
DHS's fault. They do an OSBI check. There are sick people
everywhere...look at the track record for teachers sleeping with their
students. He may have been fine when they hired him, and he turned this
way. DHS and every employer, can't hold the hands of each employee and
folllow them wherever they go. There are sickos everywhere, even in
govt, (ex: the Idaho Representative). I can give tons of examples. I
think you can not put all DHS workers in the same category. Most of the
complainers are those getting the free help from them.
24. 10/25/2007 1:17:53 PM, Dory, Mounds
I totally agree with #23. Why is it that whenever someone does something
wrong they always blame the place they work at, if they are a public or
highly known company. There are sick people out there, everywhere.
Stopping blaming everyone else, it is the fault of that individual!
25. 10/25/2007 1:18:46 PM, concerned, McAlester
I commend you Michele for trying to do the right thing. If only more
citizens of Pitt. Co. would stand up and do the same. I too, have had a
miserable experience with DHS in this county and tried for 2 years on a
full time basis to get results for the corruption and neglect of this
branch. I went as far as the state representatives and senators. NOTHING
was ever even acknowledged. Not even a simple inquiry. They just don't
want to deal. The real tragedy is this is not the first time DHS has
been in the spotlight for corruption, or McAlester in general for that
matter. But in this situation real people and children that have nowhere
else to turn for care are suffering. The Oklahoma Foster care and
childrens protective services as a WHOLE is very lax, misguided, and
corrupt. THis whole unit of the government needs a serious look and
over-haul. Doesn't anyone remember the cover-up and deceit in the RYAN
LUKE case? That corruption went all the way to the top. Shame on them!
and shame on us for not caring and doing.
26. 10/25/2007 1:28:42 PM, DD Parent, Tulsa
I can speak from first-hand knowledge, because of my son. Trust me - it
is definitely possible for a developmentally-disabled person to have a
normal sex drive, desires, etc. It is also very sad, because they have
to be taught very strictly what is appropriate and what is not, and
sometimes that lesson does not get understood. They have no clue why
their bodies have the urges and responses they have, and they don't
understand society's rules that they must suppress these desires. That's
what makes it so important to keep close tabs on what goes on. The DD
person can't typically distinguish between a good adult and a sicko
adult when it comes to sexual urges. That is also why it is so sad when
a DD person gets arrested and put away for a sex crime - so often, they
really had no idea that they were doing wrong. It felt good to them, so
they went with it. Don't bash me for that - I know they must be
monitored so they DON'T hurt others, but so often, they truly did not
mean to hurt someone, and society screams for them to be put away for
life. Such a sad outcome. We are trying very hard with my son, but it is
so hard, and when they are out of your sight, you just have to hope that
some of what you've taught them has hit home.
27. 10/25/2007 1:29:39 PM, None, Tulsa
Response to #25. First, this case in question has nothing to do with
child protective services, it's a completely different branch. Second,
Oklahoma has one of the most sophisticated and renowned child protective
services in the nation. When's the last time you've heard of a child in
Oklahoma dhs custody being "lost" like in Florida a few years back.
Third, this is what people don't want to hear, JUDGES not state
employees make the decisions in child abuse cases regarding where the
children are placed, when they go home, etc. Fourth, as other statements
have said there are flawed people in every walk of life...punish them
not the absolute majority who are flawed as well but are not criminally
flawed.
28. 10/25/2007 1:44:04 PM, Ravenshea, McAlester
I would like to tell Michelle, thank you for saying what "WE" All are
thinking. I am in total disbelief that anything of this magnitude could
happen especially with DHS being so perfect and knowing whats best for
everyone. They would rather hide and watch than, think that they might
look bad. What hurts the most is that after being told that this was
going on, they did there best to believe that the woman must me lying
and sweep it under the rug. I just wonder what would happen if he would
not have confessed? They would still been able to keep there home open
to allow someone else to be taken advantage of! Thank God that didn't
happen.
29. 10/25/2007 1:52:43 PM, damon,
this happens more than you people know. my sister was raped and sexually
abused when she was 16 in dhs custody. our parents where killed in an
auto wreck. no one belived anything we said and they swept it under the
rug (so to speak). our "caregivers" made shure we paid for telling also.
i feel really really sorry for the helpless people in the "care" and
"protection" of the state
30. 10/25/2007 1:59:00 PM, Sid, McAlester
I think you people need to look in the mirror and if you see someone
perfect then you can open your mouth and judge. Until you know the facts
and not what the papers print keep your mouths shut. This man has
children and grand-children that have feelings. Michelle, when you and
your girls become a little more moral then you can write about
someonelese faults.
31. 10/25/2007 2:17:36 PM, Carrie, Tulsa
Maybe he's the one with mental problems. Sid, I am not perfect, however
I would NEVER have sex a person who was placed in my care. If I found my
husband having sex with that person, I would turn him in, for one raping
is the worst thing you could do to a person, second he cheated on me,
and is not right in the head.
32. 10/25/2007 2:21:57 PM, DD Parent, Tulsa
#30, I'm sorry for the man's children and grandchildren, but I cannot
condone what he has done. He confessed, and his wife was a witness, so
regardless of what was in the paper, the confession holds a lot of water
with me. In a position with that kind of responsibility, there's never
any excuse for taking advantage of a developmentally-disabled person. I
don't care if SHE came on to him first, or what other circumstances were
there. There's just no excuse.
As far as slinging mud at DHS is concerned, though, our caseworker is
bright, driven, and very conscientious. Granted, she is young and quite
new to the job. I sincerely hope she doesn't burn out, because she does
have my son's best interest heart. She has pushed for us to get a number
of things that weren't offered up front, and the provider agencies
typically don't go the extra mile in telling you about these things, so
I am extremely grateful for our DHS caseworker. I can honestly say,
though, that other families I have spoken with have not been as
fortunate, so I just pray that ours sticks with her job for awhile!
33. 10/25/2007 2:24:41 PM, Concerned, McAlester
We can judge. What he did was a crime! Unless it was consentual, if not
that is so, then it is just immoral and certainly inapproriate behavior
for a caregiver to have SEX with his client! Yes these people do have
children and grand children and I pray for them and their families and
hope that this is a one time incident and not a "family secret". Who
knows what has gone on in the past 20 years of this man's career and
what the wife has covered up. If you are offended by our opinions of
disgust, then take a look at yourself. Are you defending the action? If
you are not helping the situation you are part of the problem.
34. 10/25/2007 2:43:51 PM, Chris, Tulsa
Yes. This department is so fine. Almost as good as The Oklahoma High Patrol.
35. 10/25/2007 2:47:56 PM, DD Parent, Tulsa
33 - My understanding is that it could not have been "consensual". My
son, being developmentally disabled, cannot sign legal documents by
himself, nor give consent. Just like a minor child cannot give consent,
a developmentally disabled person does not have the power of discretion
or judgment to be able to consent. So according to the law, (again -
this is based on my understanding as the parent/guardian of a
mentally-handicapped individual), she can "make advances" or "come on to
him" or however you want to put it, and the law says he has a moral
obligation to put a stop to it, because she does not know any better.
36. 10/25/2007 2:48:03 PM, Concerned, McAlester
To None, Tulsa, the point is all of these problems fall under DHS
responsibility. And WHere did you get the information that Ok DHS/CPF is
a sophisticated branch of government? They hire under qualified,
immoral, irresponsible peaple and do not train them or supervise them
properly. On top of that they are underpaid and resentful of it. Since
when is it ok to hold this state to the standard of another. NO OKLAHOMA
did not "lose" the person, They just did not monitor the situation. Or
maybe being raped is better than being lost. Fact is the turnover rate
for Pitts. Co. DHS is worse than McDonalds.
37. 10/25/2007 2:53:48 PM, Concerned, McAlester
35, it matters not if it was consentual, solicited, or forced. Jim Smith
was WRONG, and his wife too for staying silent and not helping that poor
person. She trusted them to care for her. And in 20 years of a career I
am sure others have put that same trust in them.
38. 10/25/2007 2:54:48 PM, sid, mcalester
I firmly believe that he should be punished and the facts be told. But
you can not judge every worker of the state by one mans wrong doing.
There are plenty of honest DHS workers, teachers, and Oklahoma High
Patrolman, that never get credit for doing a good job.
39. 10/25/2007 2:56:27 PM, concerned, bixby
This is horrible. It is crazy that these things have to happen for
people to see that DHS isn't doing as it should. I feel so bad for the
woman this is happening to. And his wife...thats just wrong. I know from
experience that DHS turns their heads very often. My step children are
not being supervised like children should be. DHS has been to their
house with their mother many times and done nothing. One thing that
blows my mind is that before DHS will go by they will call to set up a
time thats good for you. That gives certain people time to "clean up"
before they get there. Anyway this has lead to my step son getting hurt.
If they would have just done their job this wouldn't have happened. Who
knows what will happen next!
40. 10/25/2007 2:57:11 PM, DD Parent, Tulsa
36-In all fairness here, that's one thing we truly do not know at this
point. Let's say the possibility exists that, by the man's own
admission, this has been going on for 6 months and the wife only just
found out about it when she saw them on Oct. 14...and she may have been
the anonymous tipster at that point. (Okay, before somebody shoots me
here, there truly are marriages in such bad condition that the wife is
clueless about her spouse's issues. It happens.) If he was smart enough
to hide it from his wife for 6 months, even the most observant DHS
person might not have seen it, if the DD woman herself did not want it
known and did not/could not say anything. Plus, just like in any other
business, DHS has good workers and bad workers in every county. I'd like
to think they catch everything, but it's highly unlikely.
41. 10/25/2007 3:31:34 PM, theangrypatient, ,
some call it the 'department of inhumane services'. they can also
infiltrate your life even as you are in the fight of your life to save
your loved one from a hospital bureacracy that wants to suck them in and
put them in long term care just for the 100% insurance coverage. just
google theangrypatient, and learn from it.
42. 10/25/2007 3:32:14 PM, Susan,
Just the fact that he had sex with someone in his care AND his wife knew
about it, is disgusting. As for his children and grand children, they
should know what a perverted and vile old man he is.
43. 10/25/2007 3:39:26 PM, LM, Cleveland
DHS is a Teflon Agency and cannot be held accountable by Civil
Lawsuite... The Agency is Nancy Reagan's Evil Stepchild...
44. 10/25/2007 3:43:25 PM, not surprised, Tulsa
What is bad is this type of crime has been going on for year with DHS in
the McAlester area. I know of a case where a foster mother has had sex
with an underage child in her custody, this boy was the same age as her
children and she chose to have sex with him. They talked about it when
they didn't realize other were around and she even thought about leaving
her husband of 30 yeas to be with this man 20 years her junior. She is
still employed with DHS and no one cares. I nkow not everyone is currupt
but there are those that don't know how to keep their sexual cravings
where they should be.
By Associated Press
10/25/2007 3:36 AM
http://www.tulsaworld.com/news/article.aspx?articleID=071025_1__McALE53278
McALESTER -- Pittsburg County prosecutors have charged a longtime
Department of Human Services employee with rape for allegedly having sex
with a developmentally disabled woman under foster care in his home.
James L. Smith, 62, was charged Monday with first-degree rape. His wife,
Lynn Smith, 59, is charged with a misdemeanor count of failing to report
abuse.
District Attorney J.B. Miller said the victim is 38, but isn't mentally
competent to consent to sex.
Two DHS workers said they received an anonymous tip alleging that Lynn
Smith had seen her husband and the woman having sex Oct. 14, sheriff's
Deputy Jeremy Webb wrote in an arrest affidavit.
James Smith admitted during an interview Oct. 17 at the sheriff's office
"to having engaged in sex with" the woman "on numerous occasions during
the past six months," the deputy alleged in his report.
Lynn Smith also admitted to having seen her husband and the woman having
sex at their home the evening of Oct. 14, the deputy alleged in the
document.
The deputy described James and Lynn Smith as the adult foster caretakers
of the victim and reported they are paid by the state.
The couple couldn't be reached for comment on Wednesday.
The woman has been removed from the home, DHS spokesman George Johnson
said. Since she was under state custody, the woman was either placed in
the home by DHS or by a contractor overseen by DHS.
James Smith was placed on leave after the investigation began and
remains on leave, Johnson said.
He is employed as a social services specialist II, and worked out of the
Choctaw Nation Health Clinic in McAlester. He makes $33,900 a year.
By Associated Press
Comments:
Add your comment
(44) readers have commented on this story so far. Tell us what you think
below!
1. 10/25/2007 6:42:51 AM, Voter,
Our wonderful Department of Human Services!!!!!!!!!!!!!
2. 10/25/2007 7:53:19 AM, Jan Mansfield, Ponca City,Okla
Come on state of Oklahoma how can you let people like this work for you,
do you not check people out that are in your employment? This is
something that should never have happen.
3. 10/25/2007 8:05:18 AM, Lynda, Seiling
I truly believe these people should be prosecuted to the fullest. DHS is
suppose to protect our children and our adults that cannot take care of
themselves. DHS let's concentrate on the people who are REALLY abusing
our children and handicapped, NOT the ones who have been under the
microscope without any REAL cause.
4. 10/25/2007 8:30:06 AM, DD Parent, Tulsa
The thing most upsetting to me about this situation is that we have a
worker hired through a provider agency and paid by DHS, who comes to our
house each afternoon and works with our son, who is developmentally
disabled. She is well-educated, charming, and best of all, my son has
responded well to her, and is learning how to care for himself so that
eventually, perhaps he can move to a group home. People like our worker
deserve a medal, because they are very low-paid (admittedly, we give her
a cash bonus as frequently as possible) and yet perform such a marvelous
service. So then something like this hits the paper, and it strikes
terror in me. I know we won't always be fortunate enough to oversee the
workers who help our son, and the provider agency doesn't truly provide
much oversight. There will be little to no protection for my son someday
when we are no longer here. Scares me to death, but at this point, there
are no alternatives.
5. 10/25/2007 8:37:04 AM, Michele Davis, McAlester
Hmmmm. I recently quit a job of twelve years with a provider agency who
contracts with DHS for the Disabilities Services Division in McAlester.
Let me assure you, DDS in Pittsburg County "turns their head" if it is
going to cause them to have to do any extra paperwork or get up in the
middle of the night, etc. The people who are at the "top" so to speak at
McAlester think "they" make the rules and that's the way they play the
game. That is the EXACT reason that I quit the job after so long. I
could go on and on, but I decided after turning in report after report
to DHS and getting no help, to just "move on".
6. 10/25/2007 8:55:16 AM, DD Parent, Tulsa
So, Michele, is there any fix for it, or is it so broken that those of
us who must depend on services will just have to make sure we continue
to do DHS oversight ourselves? I'm lucky - I can't be there all the
time, but I have a flexible enough job that I'm there often enough to
keep tabs on things. Others aren't so lucky. Do you think it is lack of
money, or a corrupt system, or an overloaded system, or all of the above?
7. 10/25/2007 9:03:22 AM, fb,
Sure isn't a perfect system. Yes, the system needs help -
Extra paperwork? Don't always blame overworked workers for 'turning
their heads' - sometimes it is sheer exhaustion of overwork and under
salaried. First - blame the accused - prosecute him - then see what can
be done for the system to be improved so that hard working, underpaid
adults are NOT overworked and NOT underpaid - and COMPENSATED for
getting up in the middle of the night to leave their own children and
spouses, and still show up for work the next day and continue to put in
plenty of overtime that is salaried (i. e. no overtime pay) Michele is
right and she maybe got out before personal burnout. But Milchelle,
would you get up in the middle of the night if you thought it could be
handled on regular hours? A personal never really knows what they will
do until it is time to do it.
8. 10/25/2007 9:11:58 AM, fb,
My post should have said "A person never knows what they will do until
it is time to do it." For example - will you run into a burning building
to save a litter of puppies? More seriously, what about someone else's
child? Some people will quickly say 'yes' - but fire is hot and when it
is time for a person to do the deed it may not be what they said they
would do. The same goes for blanket statements criticizing others and
BELIEVING that your response to difficult situations would be different
than theirs. Don't be so quick to judge individuals. You get more from
the praising the dog than kicking the dog.
9. 10/25/2007 9:18:40 AM, Bill Strader,
It's a corrupt system. They do as they want too and no one takes the
responsibility of them. Try contacting any of our state officials about
them and see how much help you get.
10. 10/25/2007 10:02:08 AM, Mike, Tulsa
This is an unfortunate situation and this man should be punished to the
full extent of the law, however there are many caring individuals
working for very little pay within DHS that truly care about the job
they do and try to make a difference. I am in a relationship with a DHS
employee who many times gets up in the middle of the night, works on
reports all evening and trys to improve situations for abused children.
I dont believe it is fair to smear all DHS employee's because of a few
individuals behavior. There are bad apples in every organization.
11. 10/25/2007 10:35:54 AM, Susan,
This absolutely sickens me. This man should be punished to the fullest
extent that the law will allow. And the DHS should be investigated. Quit
placing blame on being overworked, stressed, yada, yada, yada. The
system needs a complete overhaul, starting at the top and going all the
way down.
BTW, I think the man should be horsewhipped, but then again we have to
respect his rights. What a load of horse dung.
12. 10/25/2007 10:58:31 AM, Dave, Tulsa
And what is just as sick is that apparently his wife saw this going on.
I don't know about the rest of you, but I can say for sure I wouldn't
live to tell the story if my wife witnessed me involved in something
like this.
13. 10/25/2007 11:02:44 AM, Tina, Tulsa
I totally agree Dave. I really don't understand how is wife could
witness it and not do anything. That just makes me sick. They should
both be punished to the fullest.
14. 10/25/2007 11:29:13 AM, Bob In Tulsa, Tulsa
The wife could be just plain evil, or she might have been between a rock
and a hard place: if she reports her husband, they lose the money paid
for taking care of the woman, he loses his job and income, and she loses
her husband. I'm not making an excuse for her, just giving a possible
alternative reason for her lack of action.
15. 10/25/2007 11:49:12 AM, Rex,
Illicit sex takes place in every segment of the government from the
small town cop to the big city CEO's. We only hear about the people who
get caught.You'd really have your socks knocked off if you knew how many
police officers have sex while on duty, and it ain't with their wives.
The wife peobably was the anonymous tipster.
16. 10/25/2007 11:52:45 AM, Diana, Tulsa
Is it possible that a person who is "not mentally competent to consent
to sex" can have a sex drive? Is it possible for him or her to enjoy
having a relationship? I really don't know, and there is no excuse for
the foster caretaker to do this, even if it was possible. But I wondered.
17. 10/25/2007 12:24:00 PM, Honky Donkey,
I'm down with Dave. My wife would kill me if she caught me pulling
anything like this let alone with a mentally incompetent person. This
dude's wife must think the money is a better option than her having to
deal with his needs. DISGUSTING!
18. 10/25/2007 12:26:04 PM, Rex,
I'm with 16, with everyone so concerned these days about equal rights,
what if she wanted a sexual relationship, does she not have freedom of
choice? i once new some folks who had their daughter sterilized because
she wanted to be sexually active and they did not want a pregnancy,she
was a mentally incompetent adult, but evidently sexually active.
19. 10/25/2007 12:35:25 PM, Michele Davis , McAlester
I am not smearing all DHS employee's. I have worked with PITTSBURG
county Developmental Disability Services Division employee's for twelve
years and I have witnessed REPEATED instances of the supervisor's and
case workers under her supervision do what they want in regards to these
individual's lives REGARDLESS of what State of Oklahoma policy and law
says. I have PERSONALLY turned in reports to Pittsburg County DHS/DDSD
and Adult Protective Services in Pittsburg County in regards to
exploitation, violation of human rights and outright abuse. Not only
were the allegations NOT investigated, but I never even received so much
as a reply on more than one occasion. Again, I repeat what I said in my
earlier post. I could go on and on and on....
20. 10/25/2007 12:41:47 PM, Michele Davis , McAlester
I personally worked with another individual who is developmentally
disabled who lives in the exact same type of home that Jim Smith
provided. This lady has been begging to be moved OUT of this home for
months and has made many many allegations against this caretaker of
verbal/emotional abuse and violation of her rights as an American
citizen. DDS policy itself states that an individual being provided with
their services has the absolute RIGHT to be moved at any time for ANY
reason. DHS has done NOTHING to help this woman.
21. 10/25/2007 12:47:48 PM, Michele Davis , McAlester
Yes, this woman does have the right to have sexual relationships if she
so chooses. However, as a paid employee who's job was to provide and
care for this lady, he did NOT have the right to have sex with her. This
man and his wife have provided these services for around twenty years.
My opinion is that had DHS DDS division been doing their jobs all of
these years, this might not have happened, as well as alot of other things.
okdhs.org/ddsd
22. 10/25/2007 12:49:32 PM, Michele Davis , McAlester
And just to set the record straight, I have worked with a few DDSD case
managers from Pittsburg County DHS who actually do have morals and
integrity. A few.
23. 10/25/2007 1:08:30 PM, Michelle, Tulsa
OK people, I understand this is a travesty, but don't say it is all
DHS's fault. They do an OSBI check. There are sick people
everywhere...look at the track record for teachers sleeping with their
students. He may have been fine when they hired him, and he turned this
way. DHS and every employer, can't hold the hands of each employee and
folllow them wherever they go. There are sickos everywhere, even in
govt, (ex: the Idaho Representative). I can give tons of examples. I
think you can not put all DHS workers in the same category. Most of the
complainers are those getting the free help from them.
24. 10/25/2007 1:17:53 PM, Dory, Mounds
I totally agree with #23. Why is it that whenever someone does something
wrong they always blame the place they work at, if they are a public or
highly known company. There are sick people out there, everywhere.
Stopping blaming everyone else, it is the fault of that individual!
25. 10/25/2007 1:18:46 PM, concerned, McAlester
I commend you Michele for trying to do the right thing. If only more
citizens of Pitt. Co. would stand up and do the same. I too, have had a
miserable experience with DHS in this county and tried for 2 years on a
full time basis to get results for the corruption and neglect of this
branch. I went as far as the state representatives and senators. NOTHING
was ever even acknowledged. Not even a simple inquiry. They just don't
want to deal. The real tragedy is this is not the first time DHS has
been in the spotlight for corruption, or McAlester in general for that
matter. But in this situation real people and children that have nowhere
else to turn for care are suffering. The Oklahoma Foster care and
childrens protective services as a WHOLE is very lax, misguided, and
corrupt. THis whole unit of the government needs a serious look and
over-haul. Doesn't anyone remember the cover-up and deceit in the RYAN
LUKE case? That corruption went all the way to the top. Shame on them!
and shame on us for not caring and doing.
26. 10/25/2007 1:28:42 PM, DD Parent, Tulsa
I can speak from first-hand knowledge, because of my son. Trust me - it
is definitely possible for a developmentally-disabled person to have a
normal sex drive, desires, etc. It is also very sad, because they have
to be taught very strictly what is appropriate and what is not, and
sometimes that lesson does not get understood. They have no clue why
their bodies have the urges and responses they have, and they don't
understand society's rules that they must suppress these desires. That's
what makes it so important to keep close tabs on what goes on. The DD
person can't typically distinguish between a good adult and a sicko
adult when it comes to sexual urges. That is also why it is so sad when
a DD person gets arrested and put away for a sex crime - so often, they
really had no idea that they were doing wrong. It felt good to them, so
they went with it. Don't bash me for that - I know they must be
monitored so they DON'T hurt others, but so often, they truly did not
mean to hurt someone, and society screams for them to be put away for
life. Such a sad outcome. We are trying very hard with my son, but it is
so hard, and when they are out of your sight, you just have to hope that
some of what you've taught them has hit home.
27. 10/25/2007 1:29:39 PM, None, Tulsa
Response to #25. First, this case in question has nothing to do with
child protective services, it's a completely different branch. Second,
Oklahoma has one of the most sophisticated and renowned child protective
services in the nation. When's the last time you've heard of a child in
Oklahoma dhs custody being "lost" like in Florida a few years back.
Third, this is what people don't want to hear, JUDGES not state
employees make the decisions in child abuse cases regarding where the
children are placed, when they go home, etc. Fourth, as other statements
have said there are flawed people in every walk of life...punish them
not the absolute majority who are flawed as well but are not criminally
flawed.
28. 10/25/2007 1:44:04 PM, Ravenshea, McAlester
I would like to tell Michelle, thank you for saying what "WE" All are
thinking. I am in total disbelief that anything of this magnitude could
happen especially with DHS being so perfect and knowing whats best for
everyone. They would rather hide and watch than, think that they might
look bad. What hurts the most is that after being told that this was
going on, they did there best to believe that the woman must me lying
and sweep it under the rug. I just wonder what would happen if he would
not have confessed? They would still been able to keep there home open
to allow someone else to be taken advantage of! Thank God that didn't
happen.
29. 10/25/2007 1:52:43 PM, damon,
this happens more than you people know. my sister was raped and sexually
abused when she was 16 in dhs custody. our parents where killed in an
auto wreck. no one belived anything we said and they swept it under the
rug (so to speak). our "caregivers" made shure we paid for telling also.
i feel really really sorry for the helpless people in the "care" and
"protection" of the state
30. 10/25/2007 1:59:00 PM, Sid, McAlester
I think you people need to look in the mirror and if you see someone
perfect then you can open your mouth and judge. Until you know the facts
and not what the papers print keep your mouths shut. This man has
children and grand-children that have feelings. Michelle, when you and
your girls become a little more moral then you can write about
someonelese faults.
31. 10/25/2007 2:17:36 PM, Carrie, Tulsa
Maybe he's the one with mental problems. Sid, I am not perfect, however
I would NEVER have sex a person who was placed in my care. If I found my
husband having sex with that person, I would turn him in, for one raping
is the worst thing you could do to a person, second he cheated on me,
and is not right in the head.
32. 10/25/2007 2:21:57 PM, DD Parent, Tulsa
#30, I'm sorry for the man's children and grandchildren, but I cannot
condone what he has done. He confessed, and his wife was a witness, so
regardless of what was in the paper, the confession holds a lot of water
with me. In a position with that kind of responsibility, there's never
any excuse for taking advantage of a developmentally-disabled person. I
don't care if SHE came on to him first, or what other circumstances were
there. There's just no excuse.
As far as slinging mud at DHS is concerned, though, our caseworker is
bright, driven, and very conscientious. Granted, she is young and quite
new to the job. I sincerely hope she doesn't burn out, because she does
have my son's best interest heart. She has pushed for us to get a number
of things that weren't offered up front, and the provider agencies
typically don't go the extra mile in telling you about these things, so
I am extremely grateful for our DHS caseworker. I can honestly say,
though, that other families I have spoken with have not been as
fortunate, so I just pray that ours sticks with her job for awhile!
33. 10/25/2007 2:24:41 PM, Concerned, McAlester
We can judge. What he did was a crime! Unless it was consentual, if not
that is so, then it is just immoral and certainly inapproriate behavior
for a caregiver to have SEX with his client! Yes these people do have
children and grand children and I pray for them and their families and
hope that this is a one time incident and not a "family secret". Who
knows what has gone on in the past 20 years of this man's career and
what the wife has covered up. If you are offended by our opinions of
disgust, then take a look at yourself. Are you defending the action? If
you are not helping the situation you are part of the problem.
34. 10/25/2007 2:43:51 PM, Chris, Tulsa
Yes. This department is so fine. Almost as good as The Oklahoma High Patrol.
35. 10/25/2007 2:47:56 PM, DD Parent, Tulsa
33 - My understanding is that it could not have been "consensual". My
son, being developmentally disabled, cannot sign legal documents by
himself, nor give consent. Just like a minor child cannot give consent,
a developmentally disabled person does not have the power of discretion
or judgment to be able to consent. So according to the law, (again -
this is based on my understanding as the parent/guardian of a
mentally-handicapped individual), she can "make advances" or "come on to
him" or however you want to put it, and the law says he has a moral
obligation to put a stop to it, because she does not know any better.
36. 10/25/2007 2:48:03 PM, Concerned, McAlester
To None, Tulsa, the point is all of these problems fall under DHS
responsibility. And WHere did you get the information that Ok DHS/CPF is
a sophisticated branch of government? They hire under qualified,
immoral, irresponsible peaple and do not train them or supervise them
properly. On top of that they are underpaid and resentful of it. Since
when is it ok to hold this state to the standard of another. NO OKLAHOMA
did not "lose" the person, They just did not monitor the situation. Or
maybe being raped is better than being lost. Fact is the turnover rate
for Pitts. Co. DHS is worse than McDonalds.
37. 10/25/2007 2:53:48 PM, Concerned, McAlester
35, it matters not if it was consentual, solicited, or forced. Jim Smith
was WRONG, and his wife too for staying silent and not helping that poor
person. She trusted them to care for her. And in 20 years of a career I
am sure others have put that same trust in them.
38. 10/25/2007 2:54:48 PM, sid, mcalester
I firmly believe that he should be punished and the facts be told. But
you can not judge every worker of the state by one mans wrong doing.
There are plenty of honest DHS workers, teachers, and Oklahoma High
Patrolman, that never get credit for doing a good job.
39. 10/25/2007 2:56:27 PM, concerned, bixby
This is horrible. It is crazy that these things have to happen for
people to see that DHS isn't doing as it should. I feel so bad for the
woman this is happening to. And his wife...thats just wrong. I know from
experience that DHS turns their heads very often. My step children are
not being supervised like children should be. DHS has been to their
house with their mother many times and done nothing. One thing that
blows my mind is that before DHS will go by they will call to set up a
time thats good for you. That gives certain people time to "clean up"
before they get there. Anyway this has lead to my step son getting hurt.
If they would have just done their job this wouldn't have happened. Who
knows what will happen next!
40. 10/25/2007 2:57:11 PM, DD Parent, Tulsa
36-In all fairness here, that's one thing we truly do not know at this
point. Let's say the possibility exists that, by the man's own
admission, this has been going on for 6 months and the wife only just
found out about it when she saw them on Oct. 14...and she may have been
the anonymous tipster at that point. (Okay, before somebody shoots me
here, there truly are marriages in such bad condition that the wife is
clueless about her spouse's issues. It happens.) If he was smart enough
to hide it from his wife for 6 months, even the most observant DHS
person might not have seen it, if the DD woman herself did not want it
known and did not/could not say anything. Plus, just like in any other
business, DHS has good workers and bad workers in every county. I'd like
to think they catch everything, but it's highly unlikely.
41. 10/25/2007 3:31:34 PM, theangrypatient, ,
some call it the 'department of inhumane services'. they can also
infiltrate your life even as you are in the fight of your life to save
your loved one from a hospital bureacracy that wants to suck them in and
put them in long term care just for the 100% insurance coverage. just
google theangrypatient, and learn from it.
42. 10/25/2007 3:32:14 PM, Susan,
Just the fact that he had sex with someone in his care AND his wife knew
about it, is disgusting. As for his children and grand children, they
should know what a perverted and vile old man he is.
43. 10/25/2007 3:39:26 PM, LM, Cleveland
DHS is a Teflon Agency and cannot be held accountable by Civil
Lawsuite... The Agency is Nancy Reagan's Evil Stepchild...
44. 10/25/2007 3:43:25 PM, not surprised, Tulsa
What is bad is this type of crime has been going on for year with DHS in
the McAlester area. I know of a case where a foster mother has had sex
with an underage child in her custody, this boy was the same age as her
children and she chose to have sex with him. They talked about it when
they didn't realize other were around and she even thought about leaving
her husband of 30 yeas to be with this man 20 years her junior. She is
still employed with DHS and no one cares. I nkow not everyone is currupt
but there are those that don't know how to keep their sexual cravings
where they should be.