Johnson v. State

2005 OK CIV APP 66, 121 P.3d 1119, 2004 Okla. Civ. App. LEXIS 115
CourtCourt of Civil Appeals of Oklahoma
DecidedFebruary 13, 2004
DocketNo. 99,459
StatusPublished
Cited by1 cases

This text of 2005 OK CIV APP 66 (Johnson v. State) 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
Johnson v. State, 2005 OK CIV APP 66, 121 P.3d 1119, 2004 Okla. Civ. App. LEXIS 115 (Okla. Ct. App. 2004).

Opinion

OPINION

ADAMS, Judge.

¶ 1 Teffin Johnson (Mother) appeals an order filed by the trial court, after a jury verdict, terminating her parental rights to her minor sons, C.J. and D.J. The order was based on separate jury findings that termination was in the best interest of each child due to Mother’s incarceration and her failure to correct the conditions which led to the adjudication of her children as deprived. The parental rights of the father to C.J. and D.J. were also terminated by the order, but he is not a party to this appeal.

¶ 2 For reversal, Mother argues (1) she was deprived of her constitutional right to be present at all critical stages of her trial as a result of her involuntary absence during jury selection, and (2) the evidence presented by the State of Oklahoma (State) was insufficient to justify termination of her parental rights. We address Mother’s constitutional argument first.

¶ 3 When reviewing a claim that the procedure used in a proceeding to terminate parental rights resulted in a denial of procedural due process, appellate courts review the issue de novo. In the Matter of A.M. & R.W., 2000 OK 82, 13 P.3d 484. It is undisputed on this record that Mother’s trial counsel 1 had obtained a writ of habeas corpus to secure her presence at the jury trial, but, for unexplained reasons, the private prison did not transport her there until the second day, causing her to miss jury selection. She was present during the remainder of her trial.

¶ 4 Her trial attorney did not object to proceeding with jury selection in her absence, and she has not demonstrated how her case was prejudiced by her limited absence during those proceedings. However, Mother argues she had a right, similar to that recognized in criminal eases, to be present, and that reversal is required.

¶ 5 Jury selection is a critical stage in criminal proceedings, during which a criminal defendant has a constitutional right to be present. See Lockett v. State, 2002 OK CR 30, 53 P.3d 418. It is true that the relationship of parents to their children is a fundamental right with constitutional protection and that there are similarities between criminal and parental termination cases, however, parental termination and criminal cases are not the same. Matter of S.T.G., 1991 OK 11, 806 P.2d 636. As the criminal cases upon which Mother relies clearly explain, a criminal defendant’s right to be present at a felony trial is rooted in the Confrontation Clause of the Sixth Amendment of the United States Constitution.

¶ 6 Considering an incarcerated father’s argument that his involuntary absence from the entire parental rights termination proceeding violated his due process rights, the Oklahoma Supreme Court concluded “[c]ourtroom confrontation with one’s civil adversary is not required either by due pro-[1121]*1121eess or other constitutional strictures." In the Matter of Rich, 1979 OK 173, ¶ 13, 604 P.2d 1248, 1253. Mother had no absolute right to be present in these proceedings under Rich. In

¶ 7 In parental rights termination matters, procedural due process requires pri- or notice of the proceeding and an opportunity to be heard. Tammie v. Rodriguez, 1977 OK 182, 570 P.2d 332. Jury selection is designed to ascertain whether there are grounds for a challenge for either actual or implied bias and to enable a defendant to intelligently exercise his or her peremptory challenges. Rogers v. Citizens National Bank in Okmulgee, 1962 OK 176, 373 P.2d 256. Here, Mother makes no complaint about either notice or opportunity to be heard, nor does she -argue that her absence impaired her or her counsel’s ability to choose an unbiased jury or prejudiced her ability to receive a fair trial. Mother has not demonstrated she was prejudiced in any way, and the trial court’s judgment may not be reversed upon the grounds of Mother’s absence during jury selection.

¶8 We now address Mother’s argument that the State failed to produce sufficient evidence to support termination of her rights to C.J. and D.J. The State based its claim for termination on two separate 10 O.S.2001 § 7006-1.1(A) grounds — failure to correct the conditions which led to the children’s deprived status, 10 O.S.2001 § 7006 — 1.1(A)(5),2 and parental incarceration, 10 O.S.2001 § 7006-1.1(12). The latter section authorizes termination of parents rights upon “a finding that all of the following exist”:

a.the child has been adjudicated deprived, and
b. custody of the child has- been placed outside the home of a natural or adoptive parent, guardian or extended family member, and
c. the parent whose rights are sought to be terminated has been incarcerated, and
d. the continuation of parental rights would result in harm to the child based on consideration of the following factors, among others: the duration of incarceration and its detrimental effect on the parent/child relationship; any previous incarcerations; any history of criminal behavior, including crimes against children; the age of the child; the evidence of abuse- or neglect of the child or siblings of the child by the parent; and the current relationship between the parent and the child and the manner in which the parent has exercised parental rights and duties in the past, and
e. termination of parental rights is in the best interests of the child.
Provided, that the incarceration of a parent shall not in and of itself be sufficient to deprive a parent of parental rights.

¶ 9 Where the sufficiency of the evidence is challenged on appeal, our task has been to review the evidence, without weighing it, to make certain that the State has satisfied its heavy burden and that the evidence meets that burden. We will affirm the factfinder’s decision only where the record contains evidence from which the jury could reasonably have determined that the State satisfied its burden with clear and convincing evidence. In the Matter of C.R., 2003 OK CIV APP 14, 63 P.3d 573.3

¶ 10 Evidence concerning the first three elements of § 7006-1.1(12) is undisputed. C.J. was adjudicated deprived on October 26, [1122]*11222001, after his father fled the home during a drug bust and left the 2-year boy alone. C.J. was taken into custody by the -Department of Human Services (DHS) and placed in a foster home. At that time, Mother was an inpatient at Drug Recovery, Inc. (DRI), which had been ordered when her 1995 deferred sentences on several drug charges4 were accelerated after she failed to attend required meetings and a random urinalysis. Mother stipulated to C.J.’s deprived status, and in December 2001, she was given physical custody of C.J.

¶ 11 In June of 2002, three weeks after D.J.’s birth, Mother left C.J. in her car in the parking lot behind the Pottawatomie County Courthouse and took D.J. with her while attempting unsuccessfully to sneak a hacksaw and marijuana into the county jail where the minors’ father was incarcerated awaiting trial on drug-related felony charges. Mother was arrested, and both children were returned to the physical custody of DHS and placed with the same foster family with whom C.J. had previously been placed. D.J. was adjudicated deprived on July 19, 2002, and on September 25, 2002, Mother was incarcerated after pleading

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Related

In Re CJ
2005 OK CIV APP 66 (Court of Civil Appeals of Oklahoma, 2004)

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Bluebook (online)
2005 OK CIV APP 66, 121 P.3d 1119, 2004 Okla. Civ. App. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-state-oklacivapp-2004.