Why was missing girl Oakley Carlson declared legally dead in a Pacific County court?
Oakley Carlson, an Oakville girl missing for four years, has been declared legally dead in Pacific County Superior Court despite her case still being unresolved.
Attorneys for Bruce Wolf, the guardian ad litem for Carlson’s siblings, petitioned the court to declare Oakley deceased on July 3, according to court records. Judge Donald Richter approved the request eight days later. A guardian ad litem is an individual appointed by a court to represent the best interests of another person, typically a minor child or an allegedly incapacitated adult, in a legal case.
The petition and decision came almost four years after Carlson was reported missing in Grays Harbor County while under the care of her biological parents. She was 5 years old at the time she disappeared.
While Grays Harbor Sheriff’s detectives have continued to search for Carlson and investigate the case since then, Carlson’s case has been highlighted by advocates as well as featured on crime podcasts, TV shows and magazines.
Andrew Carlson and Jordan Bowers, Carlson’s biological parents, remain suspects in the case, the Sheriff’s Office shared in a Sept. 24 Facebook post. Both have served time in prison for exposing Oakley Carlson’s siblings to methamphetamine.
“The Grays Harbor County Sheriff’s Office continues to actively investigate this case, and we are working closely with the Grays Harbor County Prosecutor’s Office looking into a no-body homicide prosecution,” the post says.
Can Oakley be declared dead if the investigation is ongoing?
State law, RCW 11.05A.050(4), states a person can be determined to be dead by clear and convincing evidence, including circumstantial evidence, in the absence of prima facie evidence of death, such as a body.
“There is no circumstance in which Oakley could still be alive after having not been seen in over four years, and having last been seen at only 4 years old,” the petition reads. “There is no suspicion that she has been kidnapped, and law enforcement suspects that Bowers and Carlson are to blame for her disappearance.”
“There is no other explanation as to why this young girl could not be located in over four years, and it is because she is, sadly, deceased.”
The petition states Oakley was last seen with dark circles under her eyes, scratches on her face and a black eye. In a signed declaration, one of Carlson’s siblings, who is now 9, said he did not see Carlson emerge from their home after a house fire.
Evan Bariault, an attorney representing Wolf, provided a statement to The Olympian explaining the rationale for his client’s petition.
“As counsel for Oakley and her surviving siblings, we made the difficult decision to have Oakley declared deceased given the evidence we have reviewed thus far and the passage of time since she was reported missing,” Bariault wrote. “We made this decision in consultation and with the support of Oakley’s biological family.
“We want to clarify that the request to legally declare Oakley Carlson deceased also serves the purpose of obtaining critical records and information necessary to fulfill the obligations of Oakley’s Guardian to investigate and assess the physical abuse, neglect, and emotional abuse experienced by Oakley and her siblings while under the care and custody of the state of Washington,” Bariault wrote.
“This legal step was not taken lightly and does not reflect a conclusion about the facts or outcome of any ongoing law enforcement investigations.”
Bariault said this action was a procedural step that occurred in an open, public court proceeding.
“In cases involving complex or uncertain circumstances, certain legal processes are required in order to access sealed records, medical documentation, or other essential information that directly impacts the well-being and legal status of family members – especially vulnerable children,” Bariault wrote.
Bariault said his firm works with a Pacific County probate attorney on matters of this nature. That’s why the petition was filed in that county.
“There is nothing unique about it being filed in Pacific County and there was nothing secretive about the filing,” Bariault said.
After Oakley Carlson was declared dead, Wolf filed a probate case in Pacific County Superior Court on Aug. 12. Court records show the court appointed him as the personal representative of Oakley’s estate.
In his original statement, Bariault said he and his client are “deeply mindful” of the sensitive nature of this case as well as the grief and uncertainty it brings to Carlson’s family and the wider community.
“As this matter involves minors and ongoing proceedings, we are limited in what further information can be disclosed at this time,” Bariault wrote. “We appreciate the public’s understanding and continued concern for the children at the heart of this case.”
Former foster parent reacts to judge’s declaration
Jamie Jo Hiles, Oakley Carlon’s former foster parent, only recently discovered Carlson had been declared legally dead. She posted a reaction to the news in the “Where is Oakley Carlson?” Facebook group on Oct. 6.
“This was done quietly, without transparency or communication,” Hiles wrote. “I am Oakley’s mom. I loved her, cared for her, and have been fighting for her memory. Imagine being a parent and finding out from someone else that your child has been declared dead. The pain and shock of that moment are indescribable. No parent should ever have to experience that kind of disregard.”
Carlson lived under the Hiles family’s care for three years before being returned to her biological parents in 2019. She went missing two years later and the Hiles family has searched for her ever since.
Hiles said an attorney for Carlson’s biological family asked her in May to help declare the missing girl deceased so her siblings could become heirs to her estate.
“I declined,” Hiles wrote. “While I care deeply about Oakley’s siblings and want them to have peace and stability, my focus has always been on justice for Oakley and the criminal case that still matters.”
Hiles said this effort has been described as a way to hold the Washington state Department of Children, Youth and Families accountable. However, she thinks it looks more like a “pursuit of financial gain than a pursuit of justice.”
“If the people behind this truly care about honoring Oakley’s life, I invite them to join me in continuing her legacy through the nonprofit created in her name,” Hiles wrote. “Together we can fight for children, for transparency, and for reform in the systems that failed her. That would be meaningful advocacy. That would be love.”
The Hiles family created a nonprofit called The Oakley Carlson Reward, which raised $100,000 to reward anyone with information leading to the location and recovery of Oakley Carlson.
The nonprofit still has an active GoFundMe page that’s accepting donations. In an Aug. 5 update, Hiles said the nonprofit was still offering the reward.
Carlson was last seen by someone other than her biological parents on Feb. 10, 2021. Anyone with information relevant to her case can contact Grays Harbor Sheriff’s Office detectives at sodetectives@graysharbor.us or 360-964-1770.
This story was originally published October 8, 2025 at 5:00 AM.
