# Smith v. State

> Court of Civil Appeals of Oklahoma · October 31, 2013 · 315 P.3d 1030

URL: https://www.frixlaw.com/law-library/cases/5159297

## Case

- **Full name:** In the Matter of T.S KS. D.S. KS. and L.S., Alleged Deprived Children: Brian Smith v. State of Oklahoma, and Cherokee Nation, Intervenor
- **Court:** Court of Civil Appeals of Oklahoma
- **Decided:** October 31, 2013
- **Citations:** 315 P.3d 1030; 2013 OK CIV APP 108; 2013 Okla. Civ. App. LEXIS 102; 2013 WL 6800514
- **Precedential status:** Published
- **Opinion:** Concurrence by Goree
- **Judges:** Goree, Hetherington, Mitchell
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5159297

## Opinion text

GOREE, J.,
concurring with opinion.
"I 66 I coneur and write separately to point out that the State's Petition sought removal of the Indian children and requested that *1050 they be placed in the custody of the Department of Human Services. The trial court ordered that "the temporary custody of the child(ren) shall be with the Department of Human Services." I believe DHS falls within the meaning of "institution" as provided by § 1903(1)(i) and therefore the deprived proceeding qualified as one for "foster care placement."

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5159297. Public record. Not legal advice.