State v. Walker

2000 OK 82, 13 P.3d 484, 71 O.B.A.J. 2668, 2000 Okla. LEXIS 83
CourtSupreme Court of Oklahoma
DecidedOctober 24, 2000
DocketNo. 93,899
StatusPublished
Cited by7 cases

This text of 2000 OK 82 (State v. Walker) 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 v. Walker, 2000 OK 82, 13 P.3d 484, 71 O.B.A.J. 2668, 2000 Okla. LEXIS 83 (Okla. 2000).

Opinion

BOUDREAU, Justice:

T1 Today we are asked to determine whether a mother's procedural due process rights were violated when the trial court excluded her from the courtroom while her seven year-old son testified in a proceeding [486]*486to terminate her parental rights We hold that under the cireumstances of this case, the mother's procedural due process rights were not violated.

I.

FACTS

12 The State of Oklahoma (State) filed a petition alleging R.W. (son) and A.M. (daughter) to be deprived children as to their natural mother Patrice Walker (mother). The State also sought immediate termination of the mother's parental rights to both children.1 The State alleged the mother had physically abused her son by beating him with an extension cord and that the physical abuse was heinous and shocking.

113 About two weeks before trial the State and the children's attorney filed a joint motion to exclude the mother from the courtroom when her son testified.2 The mother did not file an objection to the motion and the trial court did not rule on the motion prior to trial. The issue did not arise again until the morning of the second day of trial. Just before the son was to testify, the State and the children's attorney again moved, this time orally, that the mother be excluded from the courtroom during the son's testimo-ny.3 The State pointed out that the son had recently testified against his mother, in her presence, during the criminal proceeding which arose out of the same conduct that led to the termination proceeding.4 The experience caused the son to exhibit major behavioral problems and as a result he had to be moved to yet another therapeutic foster home. He had finally begun to "calm down," but as the time for him to testify again drew nearer, he began to exhibit the same behavioral problems as before.

T4 The mother objected, arguing she had an absolute right to be present during her son's testimony and that the State had not demonstrated harm to the child or an inability to testify. In response the children's attorney acknowledged that the son might be physically able to complete his testimony, even with his mother in the courtroom, but pointed out that the harm to him would be his increased emotional problems after-wards-similar to the emotional problems he experienced after he testified in the criminal proceeding.

15 The trial court found the best interest of the son outweighed the mother's right to be present in the courtroom. After the mother left the courtroom and the jury entered, the mother's attorney asked the trial court to explain her absence to the jury, which the trial court did.5 The son then testified and was cross-examined by his mother's attorney. After the son left the courtroom, his mother returned for the rest of the proceedings. The trial ended that day. The jury found both children to be deprived and found the mother's parental rights should be terminated as to both children. The trial court entered judgment on the verdict. The mother appealed.

IL

STANDARD OF REVIEW

16 In passing upon a claim that the procedure used in a proceeding to terminate [487]*487parental rights resulted in a denial of procedural due process, we review the issue de novo. See In re W.G., 349 N.W.2d 487, 491 (Iowa 1984); In re Ruth Anne E., 126 N.M. 670, 974 P.2d 164, 169 (N.M.Ct.App.1999); In re Christopher D., 191 Wis 2d 680, 530 N.W.2d 34, 42 (1995) (whether procedural due process rights were violated is a question of constitutional fact which is reviewed de novo); see generally Steven Alan Childress & Martha S. Davis, Federal Standards of Review § 17.05, at 17-21 (2d ed. 1992) ("[P]rocedure is probably always a pure question of law...."). De novo review requires an independent, non-deferential re-examination of another tribunal's legal rulings. Neil Acquisition, L.L.C., v. Wingrod Investment Corp., 1996 OK 125, 932 P.2d 1100, 1103 fn. 1.

TIL

ANALYSIS

17 In determining whether an individual has been denied procedural due process we engage in a two-step inquiry, asking whether the individual possessed a protected interest to which due process protection applies and if so, whether the individual was afforded an appropriate level of process. Daniels v. Williams, 474 U.S. 327, 332, 106 S.Ct. 662, 88 L.Ed.2d 662 (1986); U.S. Const. amend. XIV, § 1; Okla. Const., art. 2, § 7.6

18 In the context of a proceeding to terminate parental rights, the answer to the first inquiry is clear. Parents have a constitutionally protected liberty interest in the continuity of the legal bond with their children. In re Delaney, 1980 OK 140, 617 P.2d 886, 890; In re Christina T., 1979 OK 9, 590 P.2d 189. "The fundamental nature of parental rights requires that the full panoply of procedural safeguards must be applied to child deprivation hearings." In re Chad, 1978 OK 94, 580 P.2d 983, 985.

¶ 9 The answer to the second inquiry, however, must be determined on a case-by-case basis because the due process clause does not by itself mandate any particular form of procedure. It calls for such procedural protection as the particular situation demands. McLin v. Trimble, 1990 OK 74, 795 P.2d 1035, 1040 (citing Mathews v. Eldridge, 424 U.S. 319, 322, 96 S.Ct. 893, 47 LEd.2d 18 (1976)). In the context of a proceeding to terminate parental rights, the essence of procedural due process is a "meaningful and fair opportunity to defend." In re Rich, 1979 OK 173, 604 P.2d 1248.7 This includes a reasonable opportunity to confront and cross-examine witnesses. State ex rel. Children, Youth and Families Dept. v. In re Ruth Anne E., 126 N.M. 670, 974 P.2d 164 (N.M.Ct.App.1999) (quoting In re L.V., 240 Neb. 404, 482 NW.2d 250, 257 (Neb.1992)).

¶ 10 In addressing whether the mother was afforded an appropriate level of process, we are guided by the seminal case of Mathews v. Eldridge, 424 U.S. 319, 96 S.Ct. 893, 47 LEd.2d 18 (1976). In Mathews the United States Supreme Court held that in considering what process is due in a given situation, three factors must be assessed. First, a court must consider the private interest that will be affected by the state's action. Second, the court must consider the risk of erroneous deprivation posed by the procedures employed and the probable value, if any, that additional or substitute procedures would provide. Lastly, the court must consider the governmental interest at stake, including any administrative and fiscal burdens [488]*488that alternate procedures would generate. Id. at 334-35, 96 S.Ct. 893.

T11 In the context of a proceeding to terminate parental rights, the private interest-the parent's interest in continuing the family bond with the child-is of utmost importance. In re Chad, 1978 OK 94, 580 P.2d 983; Lassiter v. Dept. of Soc. Serv., 452 U.S. 18, 101 S.Ct.

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Cite This Page — Counsel Stack

Bluebook (online)
2000 OK 82, 13 P.3d 484, 71 O.B.A.J. 2668, 2000 Okla. LEXIS 83, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-walker-okla-2000.