Sequoyah Memorial Office Building
2400 N Lincoln Blvd.
PO Box 25352
Oklahoma City, OK 73125
(405) 521-3646 /
December 5, 2008
To Whom It May Concern:
When a person responsible for a child has been criminally charged with a child’s death, Oklahoma State Statute, Title 10, 7005-1.9, allows release of certain information that would otherwise be confidential. The following information is a summary of the involvement of the Oklahoma Department of Human Services (OKDHS), Child Welfare (CW), with Ryan Weeks, (DOB November 9, 2004), prior to his death on November 4, 2008. Disclosure of the identity of reporters of abuse, parents or other persons responsible for the child, other than those criminally charged, is prohibited by law and is therefore not included in this summary.
On November 4, 2008, OKDHS CW received a report that three-year-old Ryan Weeks was at the hospital emergency room with bruises and abrasions. The initial explanation for the injuries was that Ryan had fallen in the bathtub while in the care of the mother’s boyfriend, Rocky Allen Moore. Ryan’s injuries included a depressed skull fracture and traumatic brain injury. Due to the extent of his injuries, Ryan was transferred to a metro hospital for further care following an examination that revealed traumatic brain injury, a skull fracture, and multiple bruises and hematomas. Ryan died later the same day.
Rocky Allen Moore, live–in boyfriend of Ryan’s mother and father of Ryan’s youngest sibling, is alleged to be responsible for the head injuries that caused Ryan’s death. Mr. Moore was charged with Murder in the First Degree on November 6, 2008 in Beckham County.
An OKDHS CW investigation into the death of Ryan is in pending status at this time.
Ryan and his two siblings were in OKDHS temporary custody and placed in trial reunification with Mr. Moore and their mother at the time of his death. The siblings were removed from the home on November 4, 2008 and placed in an OKDHS foster home.
The following information only details the prior reports, investigations, recommendations made to the district attorney, dates of Deprived proceedings prior to Ryan’s death, recommendations submitted at the Deprived proceedings, and rulings of the Court pertaining to Rocky Moore, Ryan Weeks and other children living in the home.
October 26, 2005
OKDHS CW received a report stating concern that Ryan and his sibling had been present during a domestic violence incident between Ryan’s mother and biological father. The mother was reported to have filed a Protective Order regarding the father and had been in a domestic violence shelter but returned home to the father. Ryan’s mother was reported to be screaming at the children, who were crying and screaming. The reporter did not know if the mother was hitting the children. The children were reported to be dirty and hungry.
The CW investigation concluded on November 23, 2005 with a finding of Confirmed-Court Intervention. An Order Placing Temporary Protective Custody was signed on this date in Custer County, Ordering that temporary protective custody of Ryan and his sibling be placed with OKDHS.
November 29, 2005
A Show-Cause hearing was held this date. The Court determined that there was sufficient cause for the children to remain in OKDHS custody.
December 8, 2005
A Deprived Petition was filed by the District Attorney in Custer County regarding Ryan Weeks and his sibling. The Petition was filed as a result of domestic violence between Ryan’s mother and father. Incidents of domestic violence had occurred in the presence of one or both of the children. The father had slapped or pushed the mother on different occasions. The father admitted that he rants, raves, screams and hollers and has at times hit walls in anger. The father acknowledged that the children were affected by these displays, yet continued to behave this way. The mother reported that the father had slapped and pushed her, had broken into her home, choked her and held a knife to her throat. Further, she stated that he yells and has on one occasion attempted to strangle her and made a statement that he would slit her throat in front of the children. The parents had failed to protect the children from exposure to domestic violence and placed the children at risk of harm when engaging in domestic altercations in the presence of the children.
The Petition reflected that on September 16, 2005 the mother obtained a Protective Order prohibiting Ryan’s father from contacting, harassing, or harming her and the children. However, the mother had been allowing the father to be around her and the children despite the Protective Order restrictions. Further, on November 19, 2005, the father showed a CW welfare worker a note written by the mother giving custody of Ryan to the father. The father alleged the mother had been smoking marijuana with Ryan’s sibling in the home. The mother indicated she was under duress when she wrote the statement. The mother indicated that the father entered her residence on November 19, 2005 with a key and physically assaulted her by choking her and placing a knife to her throat and threatening to slice her throat and beat her with a pole. The children were present in the home. At the time of the filing of the Petition the father was charged in Custer County with Burglary in the First Degree and Domestic Assault and Battery by Strangulation.
February 10, 2006
OKDHS CW received a report stating that a party was occurring at Ryan’s mother’s residence. The mother was reported to be smoking marijuana in the presence of Ryan and his sibling. Several other individuals were reported to be in the home including a man named Rocky.
The Report to District Attorney documents that a CW worker went to the home within three hours of OKDHS receiving the report. The CW worker observed both of the children in bed asleep. They had on only their diapers. The mother denied that a party had taken place at her home or that she or anyone else had been smoking marijuana. The CW worker did not smell any odors. No beer bottles or alcohol of any kind was seen. The mother introduced “Rocky” as her friend, and stated that they were watching a movie.
On February 13, 2006 the CW worker interviewed Ryan’s biological father at the OKDHS office and he indicated he knew nothing about the party and use of drugs. The CW worker asked Ryan’s father if he knew Rocky, a friend of Ryan’s mother. He said Rocky was a “druggie” and knew where he lived.
On April 5, 2006, the CW investigation concluded with a finding of Services Recommended. OKDHS recommended that Ryan’s mother and biological father continue to follow through with services as determined by the Custer County District Court.
February 22, 2006
An Adjudicatory Hearing was held this date and Ryan and his sibling were adjudicated to be deprived. The Court ordered the children to remain in OKDHS custody with placement continued in the mother’s home, and that OKDHS should look at whether or not to continue placement of the children at the mother’s home.
The children were removed from the home on February 28, 2006 as a result of the mother not following through regarding the charges of domestic violence against Ryan’s father.
March 22, 2006
A Dispositional Hearing was held this date and the children were committed to the care, custody and control of OKDHS with authority to place in an appropriate placement. The Court ordered the treatment and service plan be approved, adopted and complied with.
May 17, 2006
A Court Review and Permanency Hearing was held this date. OKDHS recommended that Ryan and his sibling remain in the custody of OKDHS and to remain in their current CW non-relative kinship placement. OKDHS requested a review in three months.
The Post-Adjudicatory Review Board Review report submitted to the Court for this review questioned whether permanency planning for the children was being conducted at the same time the parents were working on a treatment plan.
The Journal Entry for Review and Permanency reflects that the Court found that active efforts had been made to reunite the family. The Permanency Plan was to return to own home and the Concurrent Permanency Plan was Adoption. The Court indicated a finding of “no change is indicated at this time”. The mother was ordered to provide her current address. The mother was found to be in Partial Compliance. OKDHS was also found to be in Compliance.
August 16, 2006
A Court Review and Permanency Hearing was held this date. OKDHS recommended that Ryan and his sibling remain in OKDHS custody with authority to place. OKDHS made the Court aware that the mother was pregnant and the father was Rocky Moore. On July 11, 2006 the children were moved from the non-relative foster home to a CW foster family home. OKDHS requested that the Court make a finding that active efforts failed to reunite and requested a petition be filed to terminate parental rights. The request was based on the lack of progress on the Individualized Service Plans. OKDHS requested that visitation cease and that a review be scheduled for three months.
The Post-Adjudicatory Review Board recommended that the mother be made aware of the danger of alcohol to her unborn child. The Board questioned whether Ryan’s father was making progress on the treatment plan as he was living with a 15 year old.
The Journal Entry for Review and Permanency reflects that the Court found that efforts to reunite the family had failed and that reasonable efforts were being made to secure an alternate permanent placement for the children. The Court ordered that the children should remain in OKDHS custody in the CW foster family placement. The Permanency Plan was return to own home and the Concurrent Permanency Plan was Adoption. The parents were found to be in Non-Compliance. OKDHS was found to be in compliance.
August 23, 2006
A hearing was held this date reflects Ryan’s biological father appeared and voluntarily relinquished his parental rights and consented to adoption.
September 1, 2006
The Custer County District Attorney filed a Petition to Terminate Parental Rights of Ryan’s mother and the father of Ryan’s oldest sibling.
September 27, 2006
An Initial Appearance Hearing for termination of parental rights was held. Ryan’s mother requested a jury trial.
October 11, 2006
A Court review and Permanency Hearing was held this date. OKDHS recommended the children remain in OKDHS custody. OKDHS reported that Ryan’s mother made improvements on her service plan. OKDHS recommended that the State not dismiss the petition to terminate the parental rights of the mother, but delay on the jury trial for three months to see if the mother could maintain the level of commitment to her children. OKDHS requested a review in three months.
The Court made a finding that efforts to reunite the family had failed. A jury trial was set for termination of parental rights on November 2 and 3, 2006. The Court ordered Ryan’s mother not to smoke in her home and to complete a psychological evaluation to be paid half by OKDHS. The Court ordered that custody of the children was to remain with OKDHS and the children were to remain in their placement.
December 13, 2006
A Termination of Parental Rights Hearing was held on this date and the Court terminated the parental rights of Ryan’s oldest sibling’s father.
January 17, 2007
A Court Review and Permanency Hearing was held this date. OKDHS recommended the children remain in custody. Ryan’s mother was reported to have made significant progress on the Individualized Service Plan. OKDHS recommended that the Court approve unsupervised visitation and that the children be placed back in the home after several unsupervised visits had occurred. OKDHS requested a review in three months.
The Court found that custody of the children was to remain with OKDHS and in the foster family placement. The Permanency Plan was to return to mother's home and the Concurrent Permanency Plan was Adoption. The Court found the mother to be in Compliance and ordered her to take urinalysis screening by January 19, 2007 at 5:00 p.m.
February 12, 2007
OKDHS received a report stating that the mother had given birth this date and Rocky Moore was the father. The infant was reported to be in good health. The mother was reported to be applying for WIC services.
On February 13, 2007 a CW worker went to Ryan’s mother’s home. She was at home with her newborn. The CW worker observed the infant sleeping and saw her undressed. The infant appeared clean and healthy. The mother stated Rocky Moore was the infant’s father. She stated he was not violent towards her and they wanted to be together.
On May 1, 2007 the CW worker attempted to contact Rocky Moore by phone two times without success. On May 14, 2007 the CW worker spoke with Mr. Moore at the mother’s home. He had no concerns about the mother’s parenting and described her as a great mom. He stated that he saw the infant every day and described the infant as wonderful and a joy to be around.
A Safety Assessment was completed and the Safety Decision was that the child was safe and not in immediate danger of serious harm. The CW investigation was concluded on May 31, 2007 with a finding of Services Not Needed.
February 21, 2007
A Court Review and Permanency Hearing was held this date. OKDHS recommended that the mother’s case be transferred to Beckham County. OKDHS recommended that the reunification process start after the mother had some unsupervised visitation. The Court was informed that the mother gave birth and that an investigation was completed and the child was not removed. The CW worker had been in the home and it was found to be appropriate for the newborn and the other children. The mother had visited her children regularly and tested negative for drugs.
The Court found that custody of the children was to remain with OKDHS and in their current placement.
May 25, 2007
A Court Review and Permanency Hearing were held this date in Beckham County after the case was transferred from Custer County. OKDHS reported that the mother had completed her treatment plan. Comprehensive Home Based Services had been in the home since May 9, 2007. The mother had been having unsupervised visits with the children every weekend since May 4, 2007. OKDHS recommended trial reunification with the mother. OKDHS recommended that Rocky Moore be allowed to be present in the home at any time due to his clean background check and limited Child Welfare history. OKDHS requested a six-month review.
The Court Minute for Review reflects that the Court found that the children were to remain in OKDHS custody. Things are going well. Children are to be placed back in the home today. Mr. Moore can be present in the home. Ryan and his sibling were placed in the home of the mother for Trial Reunification on May 25, 2007.
September 4, 2007
OKDHS received a report stating that law enforcement had conducted an investigation of drug charges and child neglect at the apartment of Ryan’s mother on September 3, 2007. The mother, Rocky Moore and other individuals were reported to be at the apartment. Mr. Moore left the residence but was located in a vehicle and was placed under arrest.
On September 3, 2007 an officer went to Ryan’s mother’s apartment and the mother provided the officer with permission to enter the residence. The mother and two other subjects were at the residence. The two subjects were holding children and two other small children were running around. The residence was found to be in complete disarray. The officer noticed a strong odor associated with burnt marijuana.
The mother told the officer that when she got home she smelled marijuana but didn’t want to say that, because she just got her kids back from OKDHS and didn’t want to loose them again. She said Rocky was watching the children while she was at work and she thought he and his friends had been smoking. She denied knowing that Rocky and his friends smoke marijuana.
The officer on the scene spoke with a CW worker who indicated CW would follow-up with an investigation and requested that a copy of the report be sent to OKDHS. The CW worker asked the officer at the scene to have the mother and Rocky Moore take a drug test and the officer made these arrangements. The report was received on September 4, 2007.
Mr. Moore told an officer on this date that he smoked a joint outside of the apartment and left the door open. The children were in the bedroom during this time. He stated that the mother was at home when this occurred. When asked where he got the marijuana he said he found it.