State v. Deborah C.

2000 OK CIV APP 130, 15 P.3d 8, 71 O.B.A.J. 3296, 2000 Okla. Civ. App. LEXIS 96
CourtCourt of Civil Appeals of Oklahoma
DecidedOctober 31, 2000
DocketNo. 94,369
StatusPublished
Cited by9 cases

This text of 2000 OK CIV APP 130 (State v. Deborah C.) 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
State v. Deborah C., 2000 OK CIV APP 130, 15 P.3d 8, 71 O.B.A.J. 3296, 2000 Okla. Civ. App. LEXIS 96 (Okla. Ct. App. 2000).

Opinion

REIF, J.

{1 This appeal arises from a proceeding that culminated in a judgment entered February 3, 2000, terminating the parental rights of Deborah C. to her minor daughter B.C. The proceeding was initiated on December 15, 1999, by a motion filed by the court-appointed attorney for B.C. The motion alleged circumstances to show Mother's incarceration was detrimental to B.C. as set forth in 10 O.S. Supp.1999 § 7006-1.1(A)(12). Mother's responsive pleadings-a "Statement of Case" and "Trial Brief"-did not deny any of the allegations in the motion to terminate. Instead, Mother's "Statement of Case" alleged that she (1) "began the various requirements of the treatment plan and continued working on this plan until her incarceration on the drug-related charges," and (2) "does not wish to have her parental rights [to B.C.] terminated." The State of Oklahoma "joined" the motion to terminate and listed witnesses who would testify that "mother failed to correct conditions that led to the [deprived] adjudication [of B.C.]." However, the only ground for termination that the jury was instructed to determine was whether Mother's incarceration had a detrimental effect on B.C., as provided in § 7006-1.1(A)(12). The jury returned a verdict that this ground for termination was proven by clear and convincing evidence.

T2 Mother's petition-in-error and brief-in-chief challenge the judgment and verdict for termination on various grounds. First, the Summary of Case portion of Mother's petition-in-error alleges that "the verdict reached by the jury was not supported by the evidence." This identical allegation is reasserted in the Summary of Record portion of Mother's brief. Although not specifically identified as a proposition of error in either the petition-in-error or brief-in-chief, we understand that Mother seeks reversal of the judgment of termination on this ground.

1 3 Next, Mother's first briefed proposition stresses that Oklahoma law recognizes that her parental relationship with B.C. is a fundamental right and there is a strong policy to protect this right by a court-prescribed plan to reunite a parent with an adjudicated child. Mother believes that both her fundamental right and the public policy of reunification were violated in this proceeding,. She contends that she was "neither judicially advised of the requirements of the prescribed treatment plan nor was she given reasonably adequate time to complete the plan's provisions." (Emphasis omitted.) She basically argues [11]*11that her incarceration should not be the basis for termination until the State affords her a post-release chance at reunification.

14 Mother also asserts that she was denied due process by the trial court in (1) allowing counsel for the State and counsel for B.C. to jointly prosecute the motion to terminate and, at the same time, allowing them separate participation in opening and closing argument, voir dire, jury challenges, and examination/ cross-examination of witnesses; (2) allowing counsel for the State and counsel for B.C. to seek termination when B.C. had not been in foster care for fifteen months; and (8) allowing witnesses of the Department of Human Services (D.H.S.) to give prejudi-clal testimony and make prejudicial statements in the presence of the jury. For the reasons that follow, we reject Mother's propositions of error and affirm the trial court.

I.

15 We will first address Mother's general challenge that "the verdict reached by the jury was not supported by the evidence." Even though Mother has not briefed this issue, this court has reviewed the record to ensure that there is sufficient evidence to support the verdict. We have independently examined the evidence in view of the serious consequences of terminating Mother's parental rights to B.C.

T6 In addressing this challenge, we first observe that termination of parental rights under § 7006-1.1(A)(12) must be supported by clear and convincing evidence of the following factors:

1. The child has been adjudicated deprived.
2. Custody of the child has been placed outside the home of a natural or adoptive parent, guardian or extended family member.
8. The parent whose rights are sought to be terminated has been incarcerated.
4. The continuation of parental rights would result in harm to the child considering:
@the duration of incarceration and its detrimental effect on the parent-child relationship;
® any previous incarcerations;
® any history of eriminal behavior;
® the age of the child;
evidence of abuse or neglect of the child or siblings of the child by the parent;
® current relationship between the parent and child;
@ the manner in which the parent exercised parental rights and duties in the past.

5. Termination of parental rights would be in the best interests of the child.

17 In reviewing Mother's challenge to the sufficiency of the evidence to establish the foregoing, we are guided by the following standard of review: "In a termination proceeding tried to a jury, the verdict of the jury is conclusive as to all disputed facts, and where there is any competent evidence reasonably tending to support the verdict, [an appellate court] will not disturb the judgment based on that verdict." In re KLH, 1993 OK CIV APP 127, ¶ 22, 858 P.2d 1296, 1299 (citing In re T.R.W., 1985 OK 99, ¶ 13, 722 P.2d 1197, 1200).

8 As concerns the first factor, there was no dispute that B.C. and her older sister, C.D., were adjudicated deprived on February 3, 1999. At the time of the deprived adjudication B.C. was nine and C.D. was fifteen and one-half. There was also no dispute that the reason the children were adjudicated deprived was Mother's possession and use of drugs in the home.

19 Mother was arrested on October 30, 1998, after marijuana, amphetamine, and various pills were found in the home by police during the execution of a search warrant. The search warrant was issued after C.D. told her school counselor and a Claremore police officer that Mother was using drugs in the home. A caseworker for D.H.S. testified that her office had received a referral a week earlier on October 22, 1998, concerning Mother's drug use and neglect of the children.

T10 After Mother's arrest, both children told the caseworker that Mother used drugs in the home and B.C. told the caseworker she had seen Mother "shooting up." One of the [12]*12officers who executed the search warrant testified that Mother admitted she used drugs in the home and allowed others to bring drugs to the home and use drugs in the home.

T11 Concerning the second factor, there was no dispute that B.C. had been placed outside the home of her natural or adoptive parents and extended family members since the deprived adjudication. There was no issue about a guardianship of B.C. Between Mother's arrest and the adjudication, B.C. did reside with Mother's sister at Mother's request. - However, this was terminated when Mother's sister and her husband were arrested for possessing drugs. B.C. was placed in a foster home on January 20, 1999. Both a caseworker and B.C.'s foster mother testified that B.C. was well adjusted to and thriving in the foster placement.

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Cite This Page — Counsel Stack

Bluebook (online)
2000 OK CIV APP 130, 15 P.3d 8, 71 O.B.A.J. 3296, 2000 Okla. Civ. App. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-deborah-c-oklacivapp-2000.