Matter of Keyes

1977 OK 246, 574 P.2d 1026, 1977 Okla. LEXIS 832
Supreme Court of Oklahoma·Decided December 20, 1977·No. 49717·Published·Cited by 18 cases

Opinions

BARNES, Justice:

This is an appeal by Appellant, Ann Keyes, from an order of the Trial Court terminating her parental rights and those of the natural father, Robert Wesley, to their child, Derrick Keyes, age two and one-half years at the time of the hearing. The natural father appeals in Case No. 49,-718, and the natural mother appeals in Case No. 49,717.

The pertinent facts are as follows: The child in question, Derrick Keyes, was living in the care and custody of his natural mother, Appellant Ann Keyes, with the concurrence of Robert Wesley, the child’s natural father, who was a sometimes resident of the mother’s home. On January 5, 1974, the child was admitted to Hillcrest Hospital in Tulsa, Oklahoma, with severe medical problems, including pneumonia, severe dehy[1027]*1027dration, vomiting, hypernatremia, and severe anemia.

As a result of subsequent investigation, the State, through the Department of Institutions, Social and Rehabilitative Services (Department), filed a petition in the Tulsa County District Court alleging the aforementioned medical problems were the result of improper care by the child’s mother. The child was made a ward of the Court pursuant to a temporary order, with custody in the Department, and later adjudicated a dependent and neglected child, with custody in the Department, pursuant to an order of May 17,1974, setting a review date for July 17, 1974. Further hearings were held September 4, 1974, and January 8, 1975, at which time custody was continued in the Department.

On March 19, 1975, both parents again appeared before the Court and temporary custody was restored to the natural mother under the Department’s supervision and review date set for September 17, 1975. On that date the matter was continued to permit the newly assigned caseworker to become acquainted with the case and to provide the Court with a written report. Hearing was reset for October 1, 1975.

However, on September 20, 1975, Appellant Ann Keyes left the child in Appellant Robert Wesley’s care while she went shopping with Mrs. Wesley. Upon return, the child was passing blood in his stool, whereupon Appellants took the child to Oklahoma Osteopathic Hospital, in Tulsa, Oklahoma.

On September 28, 1975, a motion was filed asking that the parental rights of both Appellants be terminated, alleging conditions existing January 18, 1974, had not been shown to be corrected, that on September 20, 1975, Appellant Wesley had assaulted the child, and that permanent termination of parental rights was necessary to protect the physical and mental health and morals of the child.

Temporary custody was again placed in the Department by order of September 23, 1975. Hearings were held before Referee Helen Kannady in Tulsa County District Court, Juvenile and Family Relations Division, on the motion asking that parental rights be terminated. Appellants herein were represented by counsel. The Court Referee found, after hearing testimony and evidence, that the conditions that had existed had not changed, that the child’s physical health continued to be in jeopardy, and that it was necessary for the proper care and protection of the child and in his best interests that all parental rights of the natural parents be terminated, and that the child be placed in permanent custody of the Department, with said Department to plan for and consent to the adoption of the child.

The matter came on for hearing before the Associate District Judge presiding over the Juvenile and Family Relations Division of the Court on April 15, 1976, at which time he entered an order stating the Appellants failed to show any prejudicial rights, to protect the child’s physical and mental well-being.

Thereafter, Appellant and Robert Wesley filed their independent appeals before this Court seeking to vacate the Trial Court’s judgment and urging that custody of the child be restored to both natural parents.

Appellant Keyes urges as error (1) that she was denied due process under 10 O.S. 1971, § 1130, which she contends is vague and overly broad; (2) that the Trial Court erred in overruling the demurrer to the State’s evidence; and (3) that a termination of parental rights is not a permissible dispo-sitional order, and that denial of trial by jury was violative of her constitutional and statutory rights.

Before considering Appellant’s allegations of error, we deem it necessary to review the evidence. Medical expert testimony reflects a life-threatening injury to the child which, based upon the doctor’s experience and examination of Derrick Keyes, would be consistent with anal abuse. However, medical testimony reveals cultures from specimens obtained in the hospital emergency room in search for sperm, acid phosphatase secretion, etc., were all negative.

[1028]*1028A social worker with the Child Abuse Registry of the State Welfare Department testified she examined the child while in the hospital, observing small round sores on the back of one leg and upper arm and a looped scar on his leg. She further indicated no new injuries nor rectal or anal problems had occurred since the child’s release from the hospital and while in foster care.

Appellant Keyes testified the child had been bleeding from the rectum before the September 20, 1975, incident and that she had taken him to Moton Health Center three or four times, where the doctor told her the bleeding could have resulted from the child’s stool being hard, constipation, or something of that nature.

We will now consider Appellant’s allegations of error. It is first contended that 10 O.S.1971, § 1130, is unconstitutionally vague on its face and has not been sufficiently narrowed by the case law of Oklahoma to cure such vagueness. That statute provides:

“A. The finding that a child is delinquent, or mistreated or neglected, shall not deprive the parents of the child of their parental rights, but a court may terminate the rights of a parent to a child in the following situations:
“1. Upon a written consent of a parent, including a parent who is a minor, acknowledged as provided in 10 O.S.1961, Section 60.5(5), who desires to terminate his parental rights; or
“2. A finding that a parent who is entitled to custody of the child has abandoned it for one (1) year; or
“3. A finding that a parent who is entitled to custody of the child:
“a. has failed to give the child the parental care or protection necessary for his physical or mental health, or
“b. although financially able, has willfully neglected to provide the child with the necessary support or education, or
“c. is unfit by reason of debauchery, intoxication, or habitual use of narcotic drugs, or repeated lewd or lascivious behavior or other conduct that is detrimental to the physical or mental health or morals of the child, and the parent has failed to show that the conditions have been corrected within a period of six (6) months after the child, or children, were adjudged dependent or neglected and a permanent termination of parental custody of the child, or children, is necessary to protect its physical or mental health or morals; provided further, that the court may extend the time in which such parent may show the condition has been corrected, if, in the judgment of the court, such extension of time would be in the best interest of the child or children; or

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

Matter of Keyes, 1977 OK 246, 574 P.2d 1026, 1977 Okla. LEXIS 832 (Okla. 1977).

1977 OK 246 (Matter of Keyes) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

A.E. v. State
1987 OK 76 (Supreme Court of Oklahoma, 1987)
In the Interest of C.L.P. v. Pate
673 S.W.2d 18 (Supreme Court of Missouri, 1984)
Matter of Sherol As
1978 OK 103 (Supreme Court of Oklahoma, 1978)
Matter of Christopher H.
1978 OK 54 (Supreme Court of Oklahoma, 1978)
Matter of JL
578 P.2d 349 (Supreme Court of Oklahoma, 1978)
Matter of Adoption of Michelle N.
1978 OK 44 (Supreme Court of Oklahoma, 1978)
J. L. v. State
1978 OK 37 (Supreme Court of Oklahoma, 1978)
Matter of Keyes
1977 OK 247 (Supreme Court of Oklahoma, 1977)