FAQ: Abused Children in Custody

❓ My child is in custody. Do they still have rights?

Yes. Even if your child is in a federal juvenile facility or immigration detention center, the government has a legal duty to keep them safe, healthy, and protected from harm.

❓ What kinds of neglect or abuse can lead to a claim?

Some of the most common issues families report include:

• Denied or delayed medical care (untreated illnesses, injuries, or medications withheld)
• Unsafe living conditions (dirty, overcrowded, extreme heat or cold)
• Abuse by staff or failure to protect children from assault
• Ignoring mental health needs, including suicidal warning signs
• Lack of food, hygiene products, education, or clean clothing

❓ Who can file a claim for a child?

• Parents or legal guardians can file on the child’s behalf.
• In some cases, another responsible adult or advocate may also be able to act.
• Once released, older children may file for themselves (if still within the time limit).

❓ How long do we have to act?

• Oklahoma State law requires claims to be filed within 2 years of the incident.
• It’s important to act quickly so evidence isn’t lost.

❓ What proof is needed?

• Medical records (from detention centers or outside hospitals)
• Staff reports or government documents
• Grievances or written complaints (if available)
• Notes from visits, phone calls, or letters describing the child’s condition
• Expert reviews from doctors or child psychologists

❓ What happens if my child died in custody?

Families may still file a wrongful death claim under the Federal Tort Claims Act. These cases seek justice and accountability for the loss.

❓ Does it cost money to bring a claim?

No. At Smolen Law, we work on a contingency fee basis, meaning there are no upfront costs. Families only pay if we win. Which means we are in this together. 

Bottom line: Your child’s safety and health matter. If they were harmed in federal custody, you may have legal options. Call Smolen Law today for a free consultation.