Ruth P. v. State, Department of Institutions, Social & Rehabilitative Services

1978 OK 51, 578 P.2d 352, 1978 Okla. LEXIS 371
CourtSupreme Court of Oklahoma
DecidedApril 11, 1978
Docket49277
StatusPublished
Cited by17 cases

This text of 1978 OK 51 (Ruth P. v. State, Department of Institutions, Social & Rehabilitative Services) 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
Ruth P. v. State, Department of Institutions, Social & Rehabilitative Services, 1978 OK 51, 578 P.2d 352, 1978 Okla. LEXIS 371 (Okla. 1978).

Opinions

BERRY, Justice.

Appellant is the mother of Ernest James C. [age 7] and Audrey Gene P. [age 1]. From an order terminating her parental rights to the children she has brought this appeal. 10 O.S.1971 § 1130.

The case was assigned to Court of Appeals, Division 1. After that court entered its opinion, and on timely application, we granted certiorari.

A lengthy recitation of facts is not required. The children were declared dependent and neglected. The children were adjudged within purview of the Juvenile Act. Audrey was placed in custody of the mother [appellant herein]; Ernest was placed in custody of the Department of Institutions, Social and Rehabilitative Services [DISRS] [appellee herein]. The order was dated July 24, 1974.

On January 21, 1975, an unverified motion to terminate parental rights was filed. On February 14, 1975, hearing was had before a juvenile referee. 10 O.S.1971 § 1126. The referee recommended termination of parental rights. On February 17, 1975, appellant filed request for hearing in district court. Apparently this was treated as a request for evidentiary hearing. After transcript of termination proceedings had been prepared, the matter was heard by the district judge. The judge denied appellant’s request for hearing, and ruled on objections to the findings and recommendations of the referee. On December 22,1975, an order was entered confirming findings and recommendations of the referee and terminating parental rights. Appellant perfected her appeal.

Court of Appeals reversed for the reason that trial court had no jurisdiction of the matter of termination because the pleading which commenced termination was:

1. not verified;
2. not the juvenile petition referred to in 10 O.S.Supp.1973 § 1103.

Appellee petitioned for, and we granted, certiorari.

Although we do not read appellant’s brief to properly raise the issue of jurisdiction, we note that if raised at all it is raised for the first time on appeal. Since the Court of Appeals’ opinion turns on the issue of jurisdiction we will consider the issue, then proceed to consider appellant’s propositions on appeal.

Appellant argues trial court had no jurisdiction of appellant because the action to terminate was commenced by filing and service of an unverified motion. The proper method of procedure, says appellant, is to file a verified petition for termination of parental rights. Appellee counters with the argument that trial court’s jurisdiction of appellant became fixed when the juvenile petition and summons were served upon her and no further jurisdictional issues remain to arise when, later in the same juvenile action, proceeding to terminate parental rights is commenced.

The matter of termination of parental rights is of the utmost seriousness; it affects one of the most fundamental of human relationships. Stanley v. Illinois, 405 U.S. 645, 92 S.Ct. 1208, 31 L.Ed.2d 551. In the case before us there was no notification to appellant that termination of parental rights could be a result of the juvenile proceedings. Although appellant was within the jurisdiction of the court as of the filing and service of the juvenile petition and summons, 10 O.S.1971 § 1131, requires notice and an opportunity to be heard on the issue of termination, and failure to do so would be a denial of due process.

The statute dealing with termination of parental rights allows termination only after a lapse of six months after adjudication of the child as within the purview of the juvenile statutes. 10 O.S.1971 § 1130. We have approved termination of parental rights by subsequent pleading after juvenile petition has been filed. Matter of Moore, Okl., 558 P.2d 371.

[355]*355Termination of parental rights may accomplished under the conditions set out in 10 O.S.1971 § 1130 et seq. The termination statutes do not include a provision requiring termination matters to be commenced by verified petition. be

Appellant argues 10 O.S.Supp.1973 § 1103, requires verification of pleadings to terminate parental rights. We do not agree. Section 1103 deals with juvenile petitions, and requires they be verified. Section 1103 contains only one reference to termination of parental rights. The statute requires, if termination is desired at the time the petition is filed, that fact be mentioned in the petition. We do not construe this to require that terminations must be commenced by verified petition, nor does appellant show us any authority for the position.

There is nothing inherent in a verified pleading which secures a parent a fair hearing, reasonably suited to the matter of termination, and adequate opportunity to prepare for the termination hearing. Appellant has not shown any prejudice, or the denial of any fundamental right, due to the lack of verification. Certainly appellant had counsel, the opportunity to present evidence and to cross-examine the witness against her, and had the benefit of counsel’s argument.

We hold no verification of pleadings to terminate parental rights is required, where the pleadings are filed in a juvenile action after the children have been adjudicated within the purview of the juvenile statutes, and where the need for termination becomes fixed after the juvenile petition and summons are filed and issued.

To the extent that the opinion in Matter of Edmunds, Okl.App., 560 P.2d 243, is in conflict with this opinion, Edmunds is not approved. Nothing in this opinion should be read to do away with the requirement the parent have sufficient notice to be able to prepare for the termination hearing.

Appellant’s first proposition is trial court erred by failing to grant a trial de novo after hearing and recommendation by a referee as provided by 10 O.S.1971 § 1126. We cannot agree with appellant.

After the matter was heard by the referee, and the referee prepared and forwarded findings and recommendations to district court, appellant demanded a hearing before the district court. It is appellant’s contention that the hearing contemplated by 10 O.S.1971 § 1126(b) is a trial de novo to a district judge.

If it appears to the court new evidence has arisen or other reason exists to reopen the matter and take further evidence, the court may do so. The record in this case does not indicate new evidence or other cause present to justify reopening the fact finding process.

Where possible, we will construe a statute to make each one of its provisions operative, rather than to render some provisions nugatory. Street v. Bethany Firemen’s Rel. & Pens. Fund, Okl., 555 P.2d 1295.

Adoption of appellant’s view would render 10 O.S.1971 § 1126(a) meaningless. If trial de novo is required by 10 O.S.1971 § 1126(b), there would be no value in using the services of a referee. The net effect would be to grant two trials on each issue in a juvenile action. Upon the referee’s finding adverse to any party, the aggrieved party could then repeat the entire trial before a district judge.

We will not say the hearing contemplated in 10 O.S.1971 § 1126(b) is a trial de novo. Rather, the purpose of the hearing is to object to all or parts of the referee’s findings and conclusions, and to determine those objections.

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Bluebook (online)
1978 OK 51, 578 P.2d 352, 1978 Okla. LEXIS 371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruth-p-v-state-department-of-institutions-social-rehabilitative-okla-1978.