'Failures from the top down': Mother of Haskell child left out in arctic weather sues DHS, foster parents

HASKELL, Okla. (KFOR) – The biological mother of a little girl Oklahoma law enforcement says, was left outside in February's arctic temperatures as a form of alleged punishment is suing.

Christopher Brecht of Smolen Law in Tulsa says he filed two lawsuits on behalf of Sharla Weaver, his client, and the victim's biological mother.

"We're representing the mother on behalf of the child," said Brecht. "You can't do that to any child, much less a foster child."

In February, News 4 reported that Rhet Wike, a Haskell man, had taken a video that appeared to show the 9-year-old girl outside of a home wearing pajamas and no shoes, begging to be let inside. Wike said he immediately called the police after hearing the little girl and noted the child was outside for at least 10 minutes.

Andrew and Kaytlin Fultz, the child's foster parents, were arrested for child neglect. Kaytlin Fultz is facing her charge in Muscogee Creek Nation court since she's a tribal citizen and Andrew Fultz is facing his charge in Muskogee County court. Kaytlin Fultz's jury trial is set to start October 20.

Documents say Kaytlin Fultz told police the child was only outside for a few minutes and for a time out because the girl didn't want to put shoes on.

"You can't do that to any child, much less a foster child," said Brecht. "There's emotional trauma that she will never like, she'll never get over."

The lawsuits Brecht filed name the Fultz's and the Department of Human Services as defendants, accusing all parties of negligence. Brecht says the video evidence speaks for itself in the Fultz's case.

"Like, even what they have admitted to is is negligence on its face in my mind," said Brecht.

When it comes to the Department of Human Services lawsuit, court papers say a case worker for the state visited the Fultz's home on the day of the incident and said they had no concerns for the health and well-being of the children in the home. The case worker allegedly added that the Fultz's alleged methods for discipline were likely more effective at reaching a resolution.

The child was removed from the Fultz's home three days after the case worker's visit. News 4 asked Brecht for an update on them, but he said he legally couldn't share any details.

"It's not just the fact that this happened in February of this year and then nothing was done to address this issue," said Brecht. "It's the fact that this issue was allowed to happen in the first place, and that's happened because of failures from the top down."

Both lawsuits ask for monetary damages from the defendants and jury trials.

A Department of Human Services spokesperson told News 4 the agency does not comment on pending litigation.

"We're hoping too that by shining light on this, that there can be institutional change within the system, within this administrative body and within this agency," said Brecht.