The Oklahoma Commission on Children and Youth last week revealed some details about the fraud in an 11-page report based in large part on a review of DHS records.
The oversight agency did not name the employees in the report.
However, a DHS attorney identified Granville L. Haynes II and Billie J. Mayberry as the two child-welfare specialists who resigned to avoid being fired for their actions in the case.
DHS will not represent Haynes and Mayberry in the lawsuit, said the attorney, Richard Freeman Jr.
The former employees could not be reached for comment. "I just cannot take any more of the pressure,” Mayberry said in her resignation letter.
The Commission on Children and Youth reported:
•Keenan had been placed with his father on Dec. 23, 2004, after his mother tested positive for marijuana and cocaine. Ball was allowed to care for the boy even though he had been in trouble with the police and DHS before. He was caring for three other kids.
•Complaints about the father were made to DHS in 2005 on Feb. 25, April 4, May 3, May 20, May 24, May 25 and June 7.
•The accusations included claims that the father had whipped Keenan with a belt, that his children were dirty and smelled of urine, and that he was "smoking marijuana all the time.”
•Many of the complaints were not even investigated.
•DHS supervisors questioned whether the intake worker really checked on the boy on May 23, 2005, two weeks before the death. The worker reported he had found the apartment clean on May 23, 2005, the four children there showed no signs of abuse or neglect and there was no evidence of drugs or alcohol.
•However, after Keenan's death, his body was found to have injuries at various stages of healing, and two other children in the home had a pattern of marks on their bodies consistent with abuse and neglect.
•Confronted by a supervisor after the death, the intake worker "had difficulty in locating the case notes and could not recall specific information about the investigation.”
•"The supervisor checked with people who were reportedly interviewed by the intake worker and determined that the worker never interviewed certain key people.”
•"It remains unknown as to whether Keenan was interviewed or observed by the intake worker.”
In the lawsuit
In his lawsuit, the grandfather blames DHS for Keenan's death, saying workers failed to take steps to remove the boy from an abusive situation. The grandfather alleges Keenan's civil rights were violated.
The grandfather's attorney, James Linger, said he learned about the faked records after filing the lawsuit last year. He said he found the evidence this summer when a Tulsa County judge allowed him to review almost 6,000 pages of confidential DHS records. He said he is not allowed to discuss what he found.
DHS has asked a federal judge to dismiss the lawsuit, arguing a state agency cannot be sued for civil rights violations.
Freeman, the DHS attorney, also told The Oklahoman
that DHS cannot be held accountable for the wrongdoing of former employees whose actions were not in the scope of their employment.
"They were acting illegally — I would contend — based on our investigation,” Freeman said. "The two we are representing are a little higher up in the supervisory chain.”
Keenan died nine days before his third birthday. His injuries were so severe the casket was kept closed.
The boy's grandfather and his wife, Barbara Taylor, recalled Keenan as sweet and quiet.
"He was really fond of Spider-Man,” said Archie Taylor who blinked back tears during an interview at his home. "He loved Spider-Man.”
Contributing: Staff Writer Randy Ellis
Read the report from the oversight agency