Ray Ex Rel. Ray v. Woodard

1962 OK 258, 377 P.2d 216, 1962 Okla. LEXIS 522
CourtSupreme Court of Oklahoma
DecidedNovember 28, 1962
Docket39977
StatusPublished
Cited by8 cases

This text of 1962 OK 258 (Ray Ex Rel. Ray v. Woodard) 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
Ray Ex Rel. Ray v. Woodard, 1962 OK 258, 377 P.2d 216, 1962 Okla. LEXIS 522 (Okla. 1962).

Opinion

DAVISON, Justice.

Under review in this cause is the district court’s judgment dismissing, for want of jurisdiction, appellants’ appeal from a decree of the county court sitting 'ex officio as the juvenile court.

The present proceeding had its inception on January 23, 1961, when Walter and Muriel Woodard, husband and wife, filed in the county court their petition for an adjudication declaring Jerry Lynn Ray, Joanne Ray, Mona Carrol Ritchie and Dellon Klint Ritchie, all minors under sixteen years of age, to be dependent and neglected children and reposing their custody in the petitioners. The two minors first named, bearing the surname Ray, are the children of J. T. Ray by a former marriage; the Ritchie children are the issue of Dollie Ritchie Ray’s prior marriage. J. T. Ray and Dollie Ritchie Ray are husband and wife. The *218 instant appeal is prosecuted by the Ray 'children through J. T. Ray, their father and natural guardian, ánd by the Ritchie children through Dollie Ritchie Ray, their mother and natural guardian; the elder Rays are also parties appellant in their individual capacity.

According to the record two hearings were held in the county court upon the petition of Mr. and Mrs. Woodard. The proceedings culminated on February 24, 1961, in an order declaring all four minors to be “abandoned and neglected” and granting their temporary custody to Mr. and Mrs. Woodard for a period not to exceed six months. Dollie Ritchie Ray, who appeared before the county court and consented by a written “waiver” to a provisional custody disposition, was awarded visitation privileges with her two children.

On July 17, 1961, J. T. and Dollie Ray filed a joint, motion alleging an interim change in their conditions and seeking restoration of paternal rights as well as custody of the children. This motion was denied after a hearing. The custody of the children remained in Mr. and Mrs. Woodard but the parents were accorded certain visitation rights. As disclosed by the order the matter was deferred for further reconsideration “on or about 9 July 1962.” In the forepart of January, 1962, the county court placed the four minors under detention and directed that a hearing be held “on the entire matter of custody and control, possible adoption, or relinquishment of said children to the parents or to an institution.” Proceedings subsequently conducted on these issues culminated on January 18, 1962, in an order or decree directing that the four minors, “having previously been declared neglected children,” be confined at Whitaker State Home, “provided, however, that * * * (the Ritchie children) may be paroled to the foster home of Mr. and Mrs. Woodard” if the latter should file a written request for either or both of said children.

From this order or decree of the county court the Rays appealed to the district court where the appeal was dismissed for want of •jurisdiction. At issue before us is the correctness of the district court’s judgment. In our reference to the parties the Ray and Ritchie children, as well as their parents, will be designated collectively as appellants and the Woodards will be called appellees.

Appellants assert their right to appeal the decree to the district court under the terms of 10 O.S.1961 § 108, as amended in 1957. The cited enactment provides in its pertinent part:

“Wherever a parent, guardian or other person having custody of a child is before the court on the hearing on a petition that such child is a delinquent or dependent or neglected child, upon adjudication that such child is delinquent or dependent or neglected, if it appears to the court that the conduct of such parent, guardian or other person having custody of the child, has contributed to such delinquency, dependency or neglect, the Court may issue a written order specifying conduct to be followed by such parent, guardian or other person having custody of the child with respect to such child. The conduct specified shall be such as would reasonably prevent delinquency, dependency or neglect as defined by this Act. Such order shall remain in effect for a period of not more than one (1) year to be specified by the Court and said order may be extended or renewed by the Court. Such parent, guardian or other person having custody of the child may appeal from such an order to the District Court in the same manner as appeals are taken from the County Court to the District Court in probate cases, where said matter shall be heard de novo and, in turn, appeal may be taken from said District Court to the Supreme Court * *

Appellees point out that “under the Constitution, statutes and case law of the State of Oklahoma” appellants should have taken their appeal directly to this court. Cited in support of this contention *219 are our decisions in In re Morrison, 176 Okl. 55, 54 P.2d 198, and In re Tindell, Okl., 292 P.2d 1022. Both of these cases were decided prior to the amendment of 10 O.S.' 1961 § 108, by the 1957 Legislature. In the former case it was contended that no appeal lay from a decree or order of the county court rendered in a proceeding instituted under the juvenile law. In rejecting this argument the court pointed out that such a proceeding was “civil in its nature,” and pursuant to the provisions of Art. VII, Sec. 15, Oklahoma Constitution, an appeal could he perfected from the county court directly to the Supreme Court. Our holding in the Tindell case followed the earlier pronouncement. After the amendment of 10 O.S.1961, Sec. 108 by the 1957 Legislature, as quoted above, neither the Morrison nor Tindell decision may he regarded any longer as the correct exposition of the present law governing appeals in proceedings under the juvenile law, 10 O.S.1961 §§ 101-130.9.

Without advancing a , direct argument, appellees strongly intimate that the terms of Art. VII, Sec. 15, Oklahoma Constitution, operate to prohibit the Legislature from affording the remedy of an intermediate review in the district court in this class of cases. The cited section provides:

“Appeals and proceedings in error shall he taken from the judgments of County Courts direct to the Supreme Court, in all cases appealed from justices of the peace, and in all criminal cases of which the County Court is vested with jurisdiction, and in all civil cases originally brought in the County Court, in the same manner and by like proceedings as appeals are taken to the Supreme Court from the judgments of the District Court.” (Emphasis ours.)

The term “civil cases,” insofar as it applies to the mandatory provisions of Art. VII, Sec. 15, must he controlled by, and viewed in conjunction with, the language of Art. VII, Sec. 12. The latter section defines civil cases within the original jurisdiction of the county court as those “in any amount not exceeding one thousand dollars, exclusive of interest” over which the county court “shall have concurrent jurisdiction with the District Court.” Proceedings in the county court sitting ex officio as a juvenile court are clearly within the exclusive original jurisdiction of that court. Its jurisdiction over this class of cases is nowhere conferred or defined in the Constitution but is vested by statute. 10 O.S.1961 § 101 et seq.

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

Related

Carignan v. State
1970 OK 82 (Supreme Court of Oklahoma, 1970)
State Ex Rel. Cox v. Lohah
1967 OK 165 (Supreme Court of Oklahoma, 1967)
Harris v. State
434 P.2d 477 (Supreme Court of Oklahoma, 1967)
Ginn v. Superior Court, in and for County of Pima
404 P.2d 721 (Court of Appeals of Arizona, 1965)
Jackson v. Huddleston
1964 OK 238 (Supreme Court of Oklahoma, 1964)
Livingston v. Graham
1964 OK 230 (Supreme Court of Oklahoma, 1964)
In Re Lewis'adoption
1963 OK 24 (Supreme Court of Oklahoma, 1963)

Cite This Page — Counsel Stack

Bluebook (online)
1962 OK 258, 377 P.2d 216, 1962 Okla. LEXIS 522, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ray-ex-rel-ray-v-woodard-okla-1962.