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.



Smolen Law's mission is to provide exceptional legal services with integrity, professionalism, and respect.

Choose the Oklahoma law firm that gets results: Smolen Law.

The numbers don't lie...

$1,774,000 Bad Faith
$1,900,000 Birth Trauma
$6,011,855 Car Wreck
$250,000 Church Abuse
$8,757,500 Civil Rights
$1,008,000 Defective Product
$8,414,190 Insurance Bad Faith
$8,055,991 Medical Malpractice
$549,000 Medical Neglect
$746,250 Nursing Home Neglect
$1,739,632 Personal Injury
$175,000 Police Pursuit
$675,000 Premises Liability
$3,300,600 Products' Liability
$16,733,096 Semi-truck Accident
$130,000 Slip and Fall
$163,991 Sports Negligence
$5,730,048 Tractor roll-over
$241,854 Trust Dispute