Matter of ADB

818 P.2d 483, 1991 WL 193293
CourtSupreme Court of Oklahoma
DecidedOctober 1, 1991
Docket72300
StatusPublished

This text of 818 P.2d 483 (Matter of ADB) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of ADB, 818 P.2d 483, 1991 WL 193293 (Okla. 1991).

Opinion

818 P.2d 483 (1991)

In the Matter of A.D.B. and N.B., minor children.
STATE of Oklahoma, Appellee,
v.
T.S., Appellant.

No. 72300.

Supreme Court of Oklahoma.

October 1, 1991.

B. Joyce Smith, Legal Services of Eastern Oklahoma, Muskogee, for appellant.

John David Luton, Asst. Dist. Atty., Muskogee, for appellee.

*484 KAUGER, Judge.

Two issues are presented by this termination proceeding: 1) whether the petition contained sufficient facts to put the mother on notice of the grounds asserted for termination of her parental rights;[1] and 2) whether pursuant to 10 O.S.Supp. 1987 § 1130(A)(3),[2] parental rights may be terminated in the same proceeding in which a child is adjudicated as deprived. We find that: 1) Under the facts presented, the *485 allegations in the petition are sufficient to set forth a cause of action for termination of the mother's parental rights to A.D.B.; and (2) Parental rights may not be terminated in the same proceeding in which the deprived status of a child is adjudicated, because pursuant to 10 O.S.Supp. 1987 § 1130 (A)(3), a parent has a minimum of three months in which to demonstrate that the conditions leading to the finding that a child is rights deprived have been remedied. Parental rights to N.B. could not be terminated simultaneously with a finding of deprived status.

FACTS

The appellant, T.S. (mother), was sixteen years old and residing in foster care as a child adjudged in need of supervision when her first child, A.D.B., was born on March 12, 1985. On March 15, 1985, the appellee, State of Oklahoma (State), filed a petition alleging that A.D.B. was dependent and/or neglected because the mother was unable to provide the child with proper parental care and guardianship. On April 16, 1985, the mother entered stipulations to the juvenile petition. On the same date, an adjudication was entered finding A.D.B. to be a deprived child and placing custody with the Department of Human Services (Human Services). Human Services placed A.D.B. in foster care with her mother. Although the foster parent attempted to teach T.S. parenting skills, the mother admits that she was not always a willing nor a good student. Testimony by the foster parent indicated that T.S. refused to sterilize A.D.B.'s bottles,[3] was hesitant to feed, bathe, or change her diapers, was vocally abusive to the child, and gave her little emotional nurturing.

When A.D.B. was three months old, the mother left the child in foster care and moved in with A.D.B.'s maternal grandmother. The mother took A.D.B. out of foster care for visits, but the child was returned to the foster home dirty and hungry. On November 18, 1985, custody of A.D.B. was returned to the mother under supervision of Human Services. The mother moved into her sister's home with A.D.B. in September of the next year. The mother left A.D.B. with her sister (aunt), and custody was placed with the aunt's on September 30, 1986. During the short time that the mother lived in the aunt's home with A.D.B., she left the child go dirty and allowed her to suffer a severe sunburn. A.D.B. also developed an aggravated diaper rash from wearing dirty diapers. The child has been continually in the custody of her aunt since September of 1986. The mother has visited A.D.B. irregularly, seeing her on only two occasions between January and October of 1988.[4]

The mother married A.D.B.'s father and the couple lived with the paternal grandparents from October 1986 to August 1987.[5] N.B. (the second child) was born on December 6, 1986. The mother's pattern of neglect continued with N.B. She refused to change the child's diapers and to sterilize her bottles. She taped a pacifier in the child's mouth to keep her from crying at night. In early May, she took N.B. to a baby sitter along with clothing, food and diapers. She did not return for the child. After three days, the mother called the paternal grandparents asking them to pick up N.B. On May 11, 1987, the paternal grandparents became N.B.'s guardians. N.B. has lived with her paternal grandparents her entire life. The mother saw her daughter approximately ten times between August of 1987 and July of 1988. She did not visit the child between July and October of 1988.

*486 In November of 1987, the mother moved back into the maternal grandmother's home. A third child, P.B., was born in February of 1988. Between May and October, the mother and P.B. moved three times. There was conflicting testimony concerning the mother's care of P.B. Some witnesses indicated that P.B. suffered from the same neglect the mother had shown toward A.D.B. and N.B. However, one witness testified that the mother provided excellent care for P.B.

The record contains nine service plans relating to A.D.B. These plans were prepared by Human Services and filed with the trial court. They contain the standards the mother was required to attain to regain custody of A.D.B. The goals outlined in the plans are virtually identical and require that: 1) the mother attend parenting classes; 2) she maintain a place of residence for at least six months; and 3) the mother find employment to enable her to care for her own and for A.D.B.'s needs. The mother signed the service plan dated December 23, 1987. She gave conflicting testimony concerning her understanding of the standards imposed. However, she admitted that: 1) she was given an opportunity to ready the plan; 2) the plan was explained in open court before the trial judge; and 3) she told the judge that she understood what was required under the service plan.

The mother has not completed any of the goals set out in the service plan. She attended parenting classes on an irregular basis. She has not been employed steadily since A.D.B.'s birth in 1985. However, when the termination hearing was held, she had obtained her GED and completed dental assistant training.[6] The mother made approximately fourteen moves between the time A.D.B. was adjudicated as a deprived child and the termination hearing. The mother did not keep Human Services advised of her address during many of these moves.

On July 25, 1988, the State filed a petition to terminate the mother's parental rights to A.D.B. The petition alleged that: 1) A.D.B. was residing with her maternal aunt; 2) she had been adjudicated as a deprived child in accordance with stipulations entered by the mother; 3) the child should be made a ward of the court as a deprived child; and 4) the mother's parental rights should be terminated. The State amended its petition of September 14, 1988. The amended petition contained the same allegations concerning A.D.B. and additionally alleged that: 1) the mother had not provided proper parental care and guardianship for the second child, N.B.; 2) the mother had wholly failed in her commitment of support and responsibility to N.B.; 3) N.B. was residing with her paternal grandparents; 4) both children should be made wards of the court as deprived children; and 5) parental rights to both children should be judicially severed.

The hearing in the cause was conducted on October 5 and November 21-23, 1988. The trial court found that although the mother had been presented with a number of service plans, she had not satisfactorily accomplished the required goals. Finding that the conditions causing A.D.B. to be deprived also existed as to N.B., the trial court terminated parental rights to both children. Judgment was entered terminating parental rights on November 23, 1988. The trial court stayed its judgment pending a final decision on appeal.

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Bluebook (online)
818 P.2d 483, 1991 WL 193293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-adb-okla-1991.