Following family fault lines - Lawmakers eye effects of state’s divorce system
By M. Scott Carter
[ OCTOBER 27, 2011 - OKLAHOMA CITY ] – Though Oklahoma family laws continue to evolve, some state lawmakers say not enough is being done to protect children – including those in state custody – while legal experts worry that too many changes will make parts of the system even worse.
With legislators still seeking answers about the deaths of several children in state custody, at least two lawmakers believe part of the problem is Oklahoma’s no-fault divorce.
State Reps. Mark McCullough, R-Sapulpa, and Jason Murphey, R-Guthrie, said the no-fault divorce system is a failed policy.
“I respect the views of those who argue that no-fault divorce creates less havoc than the alternatives, but I question that orthodoxy,” McCullough said. “There is very little in the divorce process that is even remotely connected to the interest of the children.”
The issue was part of an interim study by state lawmakers that was conducted this month.
“When you get down to it, our current divorce system is a racket that enriches attorneys and makes children and communities poorer,” said Jason Nelson, R-Oklahoma City. “Divorce scars children and leaves them emotionally disfigured. The current divorce laws are perverse and they are destroying children and our society. If the best interests of children were actually taken into consideration, the divorce rate would be considerably less.”
But legal experts counter that too many changes could make the state’s divorce system even more acrimonious for those couples who don’t want to be together.
“The question is how far you want to go,” said Oklahoma City family law attorney Kenneth Tillotson. “The law needs balance and if you go too far one way, it could make things worse.”
Tillotson said the vast majority of divorces in Oklahoma are for incompatibility.
“I think most people would agree that in some instances a divorce is necessary,” he said.
But because family law is state-specific, Tillotson said, following another state’s example is difficult.
“If you eliminate the no-fault, or the incompatibility, then you would require the people who are seeking the divorce and the others involved to prove other grounds,” he said. “That could make things very difficult.”
Agency rules considered, too
In addition to tweaking divorce laws, lawmakers are considering changes to agency regulations that affect Oklahoma families.
As state leaders grapple with issues surrounding the death of several children in the custody of the Department of Human Services, the Republican leader of the Oklahoma House of Representatives said he has a plan to reform DHS and better protect Oklahoma children.
House Speaker Kris Steele said his proposal would seek to improve DHS through examination and reforms to governance structure, agency structure, personnel policy and resource allocation.
Steele, R-Shawnee, said the plan was developed to improve delivery of services by DHS, particularly for children in state custody.
“The Legislature has made incremental DHS reforms over the years, but more improvements are needed,” he said. “The comprehensive reform we seek is only achievable if we all truly cooperate and work toward a common goal. It won’t be easy, but what we’re saying today is we’re going to buckle down and get there together.”
Steele said lawmakers would conduct an in-depth study of the agency’s structure and resource allocation to determine if better results could be achieved through reorganization and reprioritizing resources. He said a public report on the group’s findings would be presented next year.
Health provider rules could be tightened
In addition to changes at DHS, two Democratic lawmakers want to tighten the rules for health providers who serve individuals with developmental disabilities. State Rep. Anastasia Pittman said lawmakers also need to tighten the rules to better protect the disabled.
“I think it is clear that we are going to have to do something to better protect disabled individuals from predators who target them because of their vulnerability,” said Pittman, D-Oklahoma City.
Pittman said technology such as digital fingerprinting could be used to weed out those who would abuse adults.
“I think the use of the digital fingerprinting system is critical in ensuring that we correctly identify and weed out those who abuse our disabled adults,” she said.
Pittman said the original version of Kelly’s Law prohibited the DHS Developmental Disabilities Service Division and its contract providers from allowing the Social Security numbers of service applicants or recipients to be maintained in a home record.
Day care liability also at issue
Other measures would require day care centers to carry liability insurance coverage.
State Rep. Mike Shelton, D-Oklahoma City, said just 36 percent of the state’s 1,597 home-based day care centers carry liability insurance, while more than 90 percent of larger day care operations have liability insurance.
“I believe carrying insurance benefits everyone involved – the day care operator, the families, and most of all the children,” he said. “Furthermore, the security provided by liability insurance should more than offset any cost to providers.”
Yet even with the number of legislative changes being considered, Tillotson, an associate at the Phillips Murrah law firm, said some parts of Oklahoma’s family law system have improved.
“I think the general movement toward giving parents who want to have a relationship with their children the opportunity to do so is a good thing,” he said. “I believe the trend toward co-parenting and splitting custody 50-50 can be a positive thing.”
State lawmakers will get the opportunity to review the proposals for family law changes when the Oklahoma Legislature convenes in February.