Sanders v. State

1991 OK CIV APP 44, 811 P.2d 910, 62 O.B.A.J. 2022, 1991 Okla. Civ. App. LEXIS 27
CourtCourt of Civil Appeals of Oklahoma
DecidedMay 14, 1991
DocketNo. 72927
StatusPublished
Cited by2 cases

This text of 1991 OK CIV APP 44 (Sanders 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
Sanders v. State, 1991 OK CIV APP 44, 811 P.2d 910, 62 O.B.A.J. 2022, 1991 Okla. Civ. App. LEXIS 27 (Okla. Ct. App. 1991).

Opinion

BRIGHTMIRE, Judge.

Challenged in this deprived child proceeding is the trial court’s redispositional order denying the natural mother’s request for court-appointed standards of conduct. We hold that denial of the request was error, vacate the order and remand for further proceedings.

I

The operative facts are these. On April 14, 1988, the appealing mother, Shonya Sanders, was voluntarily admitted to the Oaks Psychiatric Center for in-patient treatment of her “suicidal ideation, depression, helplessness and hopelessness” following an attack and rape by her estranged husband. At the time, she was the mother of three children, ages four-and-one-half years, two years, and ten months. The two older children were placed in the custody of their maternal grandparents in Oklahoma County. The youngest child, A.S., was taken by Dorothy and Leon Lampkin, her maternal aunt and uncle in McClain County, Oklahoma.

On April 22, 1988, a petition was filed in McClain County alleging that A.S. was deprived because:

“The mother of said child is currently in in-patient psychiatric hospitalization. Further, said mother has a long history of mental ilness [sic] and said mental illnes [sic ] renders the said mother incapable of carring [sic] for said child. Further, the father of said child is not afit [sic ] and proper care taker for said child.”

The Department of Human Services (DHS) acceded to the Lampkins’ temporary custody of the child pending an adjudicatory hearing.

The adjudicatory hearing took place June 14, 1988. The mother stipulated to the allegations in the petition, A.S. was declared to be deprived, and she was made a ward of the court. It was agreed that custody should remain with the Lampkins pending an August 17 dispositional hearing.

During this period of time, the mother’s treatment seemed to be progressing well. Medical doctors specializing in psychiatry, who were treating the mother, had reported in May 1988 that her “mental condition is of crisis nature rather than a long-term chronic condition [and] with proper outpatient care ... the prognosis is favorable in terms of her personal mental health and ability to care for her children.” Later, in June 1988, another psychiatrist conducting the outpatient treatment reported that the mother “has shown good compliance in psychotherapy [and] has been very responsible in keeping her appointments and in effective utilization of her sessions.”

In the meantime, DHS had implemented a service plan and monitored the mother’s compliance with standards of conduct established by the court in Oklahoma County with regard to the two older children. And, as we shall shortly see, the mother appears to have made considerable progress in complying with the standards.

And so it was that at the August 17 dispositional hearing in McClain County, the court was informed by DHS that the mother had completed the Oklahoma County service plan. The results were thought by the Oklahoma County caseworker to be quite gratifying. She reported “that placement in the home [was] appropriate for the two older children” and in fact they had been “placed back in the home of the natural mother on 8-10-88.” Surprisingly, however, the McClain County caseworker, without any personal knowledge of the mother’s situation in Oklahoma County and without alluding to or relying on any other factually supported basis, simply stated that in his opinion, “placement of [A.S.] in the home of the natural mother is inappropriate at this time.”

The only other evidence before the court was the earlier (May 1987) psychological evaluation of the mother by a psychologist with a Ph.D. degree and an psychology intern with a B.S. degree — an evaluation apparently made during a previous DHS proceeding involving the father’s abuse of the oldest daughter. In it the mother is [913]*913described as “very cooperative and pleasant throughout the testing.” The test results revealed “[bjorderline” intelligence “exceeding approximately 4% of the general population.” The mother’s strengths were identified as “short term memory and social judgment” and her weaknesses as “range of knowledge and language development.” The report somewhat fuzzily concluded that the mother is:

“a woman of borderline intelligence who presents a chronic, marginal schizoid adjustment pattern. High levels of repression and meager internal resources suggest a poor prognosis for change. This personality pattern would make adequate parenting challenging for Ms. Sanders.”

Notwithstanding the more recent, and more favorable, evaluation of the mother by the medical doctors specializing in psychiatry, the trial judge reverted to the earlier quoted language of the 1987 psychologists’ evaluation. Then, after declining to grant the mother’s request to set up a standards-of-eonduct goal or service plan study1 the trial judge found that “parental bonding with the aunt has occurred whereas no bond exists with the mother because of the personality of the mother” — a finding unsubstantiated by any credible evidence. It was upon the basis of these findings that the trial court concluded that the best interest of the child would be served by continuing custody with the McClain County relatives.

Later, on March 10, 1989, at a redisposi-tional hearing the court was advised in a “report” — which had been filed by the mother prior to the hearing — that “Oklahoma County has dismissed all actions against her” and that with the assistance of her family, the mother’s life had stabilized and that she was properly caring for the two children in her custody. Based on this evidence, the mother requested the court to (1) transfer the case to Oklahoma County “where she has more opportunity to comply with any [service] plans ... and so that there can be in-home visitation supervised by that department,” or in the alternative, (2) grant her previously denied request for “a service plan that would allow her to regain custody of her child,” and (3) reassign custody of A.S. to her grandparents in Oklahoma County in keeping with the preferential order prescribed by statute.

The only other evidence presented at this hearing was the testimony of an Oklahoma County caseworker who testified that prior to the adjudication of A.S. as deprived, DHS began receiving complaints from the Lampkins and other family members regarding the mother’s care of her children. The caseworker reported, however, that during her random home visits the home was clean and well stocked, and the children were well fed. She further testified that although she had had no contact with A.S. since the latter was placed in the custody of the Lampkins, she did know that the older children had been returned to the custody of the mother. It is significant that no evidence was introduced by the McClain County DHS personnel on behalf of the Lampkins. Moreover, in spite of substantial and uncontradicted testimony regarding the considerable progress the mother had made as a result of her ongoing psychotherapy, no updated psychological evidence from the therapist was requested by the court.

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Related

In Re BTW
2010 OK 69 (Supreme Court of Oklahoma, 2010)
Matter of As
811 P.2d 910 (Court of Civil Appeals of Oklahoma, 1991)

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Bluebook (online)
1991 OK CIV APP 44, 811 P.2d 910, 62 O.B.A.J. 2022, 1991 Okla. Civ. App. LEXIS 27, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanders-v-state-oklacivapp-1991.