State Ex Rel. Department of Human Services v. Eugenia T.B.

1983 OK 49, 663 P.2d 1211, 1983 Okla. LEXIS 182
CourtSupreme Court of Oklahoma
DecidedMay 3, 1983
Docket58811
StatusPublished
Cited by5 cases

This text of 1983 OK 49 (State Ex Rel. Department of Human Services v. Eugenia T.B.) 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
State Ex Rel. Department of Human Services v. Eugenia T.B., 1983 OK 49, 663 P.2d 1211, 1983 Okla. LEXIS 182 (Okla. 1983).

Opinions

LAVENDER, Justice:

The subjects of this appeal are two minor children, Jeffrey S., born November 5,1978, and Amanda S., born April 19,1980, both of whom were adjudicated to be deprived, and the parental rights of their natural parents were judicially terminated.

The chronology of events culminating in this appeal are as follows:

On June 2, 1982, the Juvenile Division of the District Court upon hearing committed custody of the children to the Oklahoma Department of Human Services (DHS) with authority to place them for adoption, with the further provision that, “Court reserves right to consent to adoption when appropriate.” At the hearing, Eugenia T., one of the appellees and wife of the other appellee, Michael H., appeared as attorney of record for the children by court appointment as a member of the Public Defender’s office. Eugenia T. announced in open court, “Judge, I’d like to adopt these kids.” The presiding judge told her he wanted her to think about it and to talk to her husband.

On June 4, 1982, DHS orally offered the children to Kenneth J. and Debra D., husband and wife and intervenors in this cause, who had completed adoptive home studies conducted by DHS and who had been approved as prospective adoptive parents by DHS.

On June 7,1982, the children were placed in the home of Kenneth J. and Debra D. for the purpose of adoption with their understanding that the children were placed “at risk” in that the decree terminating the rights of the natural parents, if unappealed, could not become finally effective for thirty days.

On June 8, 1982, Eugenia T. and Michael H. filed an Application for Custody for Purposes of Adoption in the district court, seeking custody of the children for the purpose of adoption. On the same day, the trial [1213]*1213court determined that it was in the best interest of the children that their custody be placed with Eugenia T. and Michael H. for the purpose of adoption, ordered custody to be placed in them on filing a petition for adoption, and further ordering DHS to relinquish physical custody to Eugenia T. and Michael H. Upon learning of the court order, an attorney for DHS advised the trial judge by telephone of the previous placement of the children by DHS and requested the judge to vacate or stay the court order, which requests were orally denied.

On June 9, 1982, Eugenia T. and Michael H. filed a petition for writ of habeas corpus. A writ was signed by a district judge and set for hearing to be had on June 10, 1982.

On June 10, 1982, DHS filed an Application and Petition for Writ of Prohibition in the Oklahoma Supreme Court. This Court entered an order which temporarily stayed the effectiveness of the trial court’s June 8, 1982, order, giving the trial court an opportunity for hearing on the issue. DHS filed a Motion to Vacate the trial court’s order of June 8, 1982. The district court held a hearing on the writ of habeas corpus, determined that the stay order entered by this Court prevented the trial court from acting, and set the motion to vacate and the writ for hearing on June 14, 1982.

On June 14, 1982, the trial court declined to hear testimony and refused to vacate his order of June 8, 1982.

On June 22,1982, DHS filed in this Court a Petition in Error to appeal from the trial court’s order of June 14, 1982.

On June 28, 1982, this Court assumed jurisdiction of the petition for writ of prohibition, denied prohibition, and directed the trial court upon notice to DHS to hold a hearing within fifteen days on the question of change of temporary custody presented by the application for custody for purposes of adoption filed by Eugenia T. and Michael H. By separate order, this Court ordered that the order of the trial court of June 8, 1982, be stayed until after the court ordered hearing.

On July 12, 1982, Eugenia T. and Michael H. filed their Petition for Adoption of the children. They also filed their secon’d Petition for Writ of Habeas Corpus, which writ was issued by the trial court and set for hearing on July 13, 1982.

On July 13, 1982, the court below held an evidentiary hearing on the Application for Custody for Purposes of Adoption ordered by this Court on June 28, and upon the writ of habeas corpus filed on July 12.

At the conclusion of the hearing on July 13, 1982, the court below announced its decision from the bench in which the court: (a) determined from the evidence that both families would in fact be fine adoptive families; (b) found that DHS “far exceeded the authority that they have under the law and they have, by their actions, placed these children in a very tenuous situation.” The trial court further said:

“They cannot be heard to complain by their actions that these children have been damaged any more because it’s been by their own actions that these children have been placed in the home that they’ve been placed as long as they have.
“The children are placed at risk. The testimony is clear that this far exceeded the authority that they have under the law of the State of Oklahoma and no party should be allowed to benefit from that.
“The Department undoubtedly has and had the best interest of the children at heart. I give them full credit for that but I do not believe that they followed the law and that’s what this Court must do, and by their failure to follow the law we have the situation that we have here today.
“Further, by their own actions, they have compounded the trauma, if there is a trauma to these children, by allowing them to be placed in this situation for as long as they have.
[1214]*1214“Both of these families are fine families. I’m sure they’re both credits to their community but the trauma, if there is a trauma to these children, has been compounded by the actions of the prospective adoptive parents with whom they have been placed.
“The most that this Court can find is that the Department of Human Services placed these per the affidavit and it constitutes nothing more than a foster placement at this point in time.
“(Eugenia T. and Michael H.) have, in fact, filed a petition for adoption, they have come before this Court. This Court did, in fact, reserve the right to consent. It will therefore be the Order of this Court that the custody of the two minor children, Jeffrey and Amanda, should be and is hereby placed in (Michael H. and Eugnia T.) instanter.”

The Journal Entry signed by the trial judge finds and determines (a) that the trial court has continuing jurisdiction over the children and authority to make placement decisions regarding said children; (b) that the only adoption petition filed is that of Michael H. and Eugenia T.; (c) that DHS, in purporting to place the children in a “trial adoptive home,” acted without authority of law or procedure, “and the actions of the Department of Human Services cannot be allowed to act wrongfully without regulation by the Court”; (d) that after reviewing home evaluations and hearing testimony of both prospective adoptive families, “the Court finds that it would be in the best interest of the children herein to be placed with Eugenia T. and Michael H.

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Related

In Re the Adoption of M.J.S.
2007 OK 44 (Supreme Court of Oklahoma, 2007)
In Re Adoption of IDG
2002 OK CIV APP 22 (Court of Civil Appeals of Oklahoma, 2002)
K.T. v. Oklahoma Department of Human Services
2002 OK CIV APP 22 (Court of Civil Appeals of Oklahoma, 2002)
State Ex Rel. Department of Human Services v. Eugenia T.B.
1983 OK 49 (Supreme Court of Oklahoma, 1983)

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Bluebook (online)
1983 OK 49, 663 P.2d 1211, 1983 Okla. LEXIS 182, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-human-services-v-eugenia-tb-okla-1983.