In Re Es

2007 OK CIV APP 73, 166 P.3d 505, 2007 WL 2306610
CourtCourt of Civil Appeals of Oklahoma
DecidedJuly 10, 2007
Docket104,266
StatusPublished

This text of 2007 OK CIV APP 73 (In Re Es) is published on Counsel Stack Legal Research, covering Court of Civil Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Es, 2007 OK CIV APP 73, 166 P.3d 505, 2007 WL 2306610 (Okla. Ct. App. 2007).

Opinion

166 P.3d 505 (2007)
2007 OK CIV APP 73

In the Matter of E.S., a deprived child.
Jennifer S., Appellant,
v.
The State of Oklahoma, Appellee.

No. 104,266.

Court of Civil Appeals of Oklahoma, Division No. 4.

July 10, 2007.

*507 Robert A. Ravitz, Public Defender, Julie Howard, Assistant Public Defender, Oklahoma City, OK, for Appellant.

C. Wesley Lane, District Attorney, Benjamin J. McGoldrick, Assistant District Attorney, Oklahoma City, OK, for Appellee.

Timothy Mills, Oklahoma City, OK, for Minor Children.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 4.

JERRY L. GOODMAN, Judge.

¶ 1 Jennifer S. (Mother) appeals the trial court's January 9, 2007, order terminating her parental rights in her minor child, E.S., following a jury trial. State sought termination of Mother's rights pursuant to 10 O.S. 2001, § 7006-1.1(A)(5), alleging Mother had failed to correct the conditions which led to E.S.' deprived status. Based upon our review of the facts and applicable law, we affirm.[1]

FACTS

¶ 2 On or about November 5, 2005, Mother and E.S. were found in a dilapidated shed with a twenty-two (22) year old registered sex offender (sex offender). Since Mother was only fifteen (15), the police transported both Mother and E.S. to a juvenile shelter and both were taken into protective custody by the Department of Human Services (DHS). Mother, deemed a chronic run-away by the police, promptly ran away from the shelter. Although Mother returned, she continued to run away.

¶ 3 On November 14, 2005, State filed a petition alleging E.S. was deprived. Mother stipulated to an amended deprived petition on December 12, 2005, which alleged E.S. was deprived because he was destitute or homeless; did not have the proper parental care and guardianship; and/or the home was an unfit place by reason of neglect by the parent. The petition further alleged more specific allegations: Mother failed to adequately provide for E.S.' safety and welfare; in March of 2004, Mother was the subject of a DHS referral which alleged she met a man, whose name she does not remember, on a singles line who subsequently forced her to perform oral sex; Mother met sex offender on a singles line; Mother represented sex offender was 17, but he is really 22; Mother and minor child were found in a dilapidated shed, sitting on a filthy mattress, and it appeared they were living there; Mother indicated to police she was having a sexual relationship with sex offender; and Mother indicated to police she did not care if sex offender was around E.S.

¶ 4 On January 30, 2006, the court adopted an individualized service plan (ISP). The ISP required Mother to: 1) enroll, attend, participate, and successfully complete parenting classes and to be able to successfully demonstrate and utilize the skills learned; 2) attend and participate in individual and family counseling; 3) provide a clean, hazard-free, and loving home for E.S.; 4) enroll and attend school or an education program; 5) attend and successfully complete a non-offenders sexual abuse program; and 6) obtain a lawful source of income. The ISP was amended on March 20, 2006, to include substance abuse treatment after Mother tested positive for methamphetamine and subsequently, cocaine. Due to Mother's positive drug tests, Mother's visitation with E.S. was suspended in March of 2006 pending eight (8) consecutive clean drug tests.

¶ 5 Since Mother was also a minor, a deprived petition was filed on her behalf. On or about December 14, 2005, Mother was placed in the custody of her father, E.S.' maternal grandfather, Scott S. (Grandfather). Mother continued to run away and although prohibited by the court, Mother continued to see her mother, E.S.' maternal grandmother (Grandmother), a known drug addict, and sex offender.

¶ 6 After several periodic hearings before the court to review Mother's progress, State moved to terminate Mother's rights on May 9, 2006, pursuant to 10 O.S.2001, § 7006-1.1(A)(5). State alleged Mother had failed to correct the conditions which led to E.S.' deprived status.[2] A jury trial was originally set *508 for October of 2006, but was continued to December 12, 2006. At trial, State presented the testimony of Maria Cerventes (Cervantes), a police officer; Grandfather; Mother; and Tina Williams (Williams), a DHS child welfare worker. Carl Abrehamson, E.S.' foster parent, was called on behalf of the minor child. Mother presented the testimony of Janet Daniels, a counselor with Total Life Counseling (TLC).

¶ 7 Cervantes testified that on November 5, 2005, she found Mother, E.S., and sex offender in an old, rotted shed behind a house. The three were sitting on an old, mildewy, wet mattress on the floor, huddled together trying to keep warm, and that it looked like they were living in the shed. Mother admitted she knew the man was a registered sex offender, that she was having sexual relations with him, and she was not concerned about him being around E.S.

¶ 8 Grandfather testified Mother ran away several times after being placed in his custody in December of 2005 and that Mother made little, if no progress on the ISP until State filed the petition to terminate on May 9, 2006. At this time, Mother started to work the plan, although she either stopped going to class or would be kicked out for non-participation. Grandfather testified that in June of 2006, Mother was picked up by the police after an altercation with sex offender.

¶ 9 Grandfather further testified when the parties convened for the original October 2006 jury trial, Mother really "turned around and started doing everything that she was supposed to do." Mother re-started parenting classes, which she finished the night before the current December trial started, and she re-started sex offender classes, which she is scheduled to finish during the current trial. In addition, Mother attended a substance abuse program and her drug tests have been clean, although he acknowledged she was recently kicked out of the class for non-participation. Mother has not had any contact with sex offender, noting the last time he came by she called the police. Finally, Grandfather stated Mother has been more respectful and she has not run away in several months.

¶ 10 Mother testified that prior to November 5, 2005, she had been dating sex offender for five (5) months. Mother stated she and sex offender were only in the shed for thirty (30) minutes while they were waiting for friends. Mother admits she ran away from the shelter and her father's home numerous times.

¶ 11 Mother further testified she understood what was required under the ISP. Mother stated she started some of the required classes, but then stopped. Mother acknowledged she continued to see sex offender and Grandmother during this time. By the March court hearing, Mother stated she had not completed any part of the ISP and had tested positive for methamphetamine and later, cocaine.

¶ 12 After the May petition to terminate was filed, Mother testified she continued to see sex offender, continued to run away, she was not working or attending school, but she thinks she was attending a substance abuse program. Mother testified she has not seen E.S. since February of 2006 because visitation had been suspended due to drug usage.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Mathews v. Eldridge
424 U.S. 319 (Supreme Court, 1976)
Dunham v. Dunham
1989 OK CIV APP 44 (Court of Civil Appeals of Oklahoma, 1989)
Matter of Adoption of Blevins
695 P.2d 556 (Court of Civil Appeals of Oklahoma, 1985)
Steiger v. City National Bank of Tulsa
1967 OK 41 (Supreme Court of Oklahoma, 1967)
Lebus v. Carden
1978 OK 91 (Supreme Court of Oklahoma, 1978)
In Re Baby Girl L.
2002 OK 9 (Supreme Court of Oklahoma, 2002)
State v. Kirkpatrick
2002 OK CIV APP 130 (Court of Civil Appeals of Oklahoma, 2002)
Jennifer S. v. State
2007 OK CIV APP 73 (Court of Civil Appeals of Oklahoma, 2007)
In re C. G.
1981 OK 131 (Supreme Court of Oklahoma, 1981)
Blevins v. Thomas
1984 OK CIV APP 41 (Court of Civil Appeals of Oklahoma, 1984)
In the Interest of J.L.D.
794 P.2d 319 (Court of Appeals of Kansas, 1990)

Cite This Page — Counsel Stack

Bluebook (online)
2007 OK CIV APP 73, 166 P.3d 505, 2007 WL 2306610, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-es-oklacivapp-2007.