T.H. v. State

2015 OK 26, 348 P.3d 1089, 2015 Okla. LEXIS 39, 2015 WL 1926287
CourtSupreme Court of Oklahoma
DecidedApril 28, 2015
DocketNo. 112,291
StatusPublished

This text of 2015 OK 26 (T.H. v. State) 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
T.H. v. State, 2015 OK 26, 348 P.3d 1089, 2015 Okla. LEXIS 39, 2015 WL 1926287 (Okla. 2015).

Opinion

COLBERT, J.

T1 This matter presents an issue of first impression which requires construction of section 1-4-909(A)(8) of the Oklahoma Children's Code, Okla. Stat. tit. 10A, §§ 1-1-101 through 1-9-122 (2011 & Supp.2014). Because the lower courts failed to construe the statute in a manner consistent with the rules of construction and the legislative intent stated in the Children's Code, the cause must be remanded to the trial court.

FACTS AND PROCEDURAL HISTORY

T2 Following a jury trial, the parental rights of T.H.'s mother were terminated by an order filed June 9, 2000. TH. was three years old. Within one year, she was adopted and the decree was filed May 14, 2001. T.H. lived with her adoptive parents until she was 15 years old, when she disclosed that her adoptive father had been sexually abusing her since she was five or six years of age. A deprived petition was filed, both adoptive parents consented to termination of their parental rights, and such determination was memorialized in orders entered March 6, 2013. TH. filed an application to reinstate the parental rights of her biological mother on April 23, 2013.1 The trial court denied the application and the Court of Civil Appeals affirmed.

€ 3 In 2009, the Oklahoma Legislature enacted section 1-4-909, Okla. Stat. tit. 10A (Supp.2009), which allows a child to request a court to reinstate previously terminated parental rights under specified circumstances. T.H. filed an application based on section 1-4-909 and she alleged her circumstances satisfied all criteria for reinstatement of her biological mother's parental rights. The State of Oklahoma objected arguing that one element of the statute had not been met. The trial court agreed with the State and entered an order denying the application. The Court of Civil Appeals affirmed. It held the statute to be ambiguous but applied an [1091]*1091"as written" literal construction of the statute to hold that the application was properly denied.: This Court granted certiorari review. -

¶ 4 The statute provides that a child may request to reinstate the previously terminated parental rights of his or her parent under the following cireumstances:

1. The child was previously found to be a deprived child;
2. The parent's rights were terminated in a proceeding under Title 10A of the Oklahoma Statutes;
3. The child has not achieved his or her permanency plan within three (8) years of a final order of termination; and
4. The child is at least fifteen (15) years old at the time the application is filed.

Id. § 1-4-909(A). The dispute in this matter concerns element three. The parties disagree about whether TH. achieved her permanency plan within three years of a final order of termination. It is a question requiring interpretation of a statute, a task that appellate courts perform without any deference to the trial court. Fulsom v. Fulsom, 2003 OK 96, ¶ 2, 81 P.3d 652, 654.

ANALYSIS

¶ 5 As a preliminary matter, TH. argues the trial court erroneously utilized summary process to dispose of her application. "Summary judgment is not applicable to juvenile proceedings." In re Christina T., 1979 OK 9, ¶ 9, 590 P.2d 189, 191. The State never filed a motion attaching evidentiary material in favor of its position. The briefs filed in the case were requested by the trial court to aid it in determining whether TH. had satisfied the application requirements of section 1-4-909. Even though the trial court's order bears language resembling a summary judgment, the proceedings were directed at testing the legal sufficiency of T.H.'s request for relief, not the existence of evidentiary material to warrant a hearing on the merits. Darrow v. Integris Health, Inc., 2008 OK 1, ¶ 7, 176 P.3d 1204, 1208. Therefore, the State's motion was essentially a motion to dismiss and the trial court's order denying the application for failure to meet the prescribed conditions was not an improper grant of summary judgment.

¶ 6 Resolution of the primary issue in this matter depends on the meaning of the phrase "has not achieved his or her perma-neney plan within three (3) years of a final order of termination." It is a question of first impression in Oklahoma. TH. argues the statute is ambiguous as applied to the facts of her case in that the phrases, "has not achieved his or her permanency plan" and "a final order of termination," could have more than one meaning. TH. asserts the phrase "has not achieved" could mean that a child has never achieved permanency or that a child is without permanency at the time of the application. She notes that within three years of her adoption, permanency failed as a result of the sexual abuse she began to suffer at the hands of her adoptive father. She contends the former interpretation would thwart the legislative intent of Title 10A that children need and have a right to permanency. She argues that statutes are to be liberally construed with a view to effect their objects and promote justice. Okla. Stat. tit. 25, § 29 (2011).

¶ 7 T.H. asserts that the phrase "a final order of termination" could mean the most recent termination order or any final termination order. She contends the former would thwart legislative intent by prohibiting a child from seeking reinstatement of a now-fit parent's parental rights if the second final termination order, constituting failure of a "permanency" plan, were within three years of the child's eighteenth birthday.

¶ 8 In response, State argues that TH. achieved permanency through adoption within three years of the termination of the rights of her biological mother, and this status is not changed by the fact her adoptive parents relinquished their parental rights twelve years later. State argues the statute is unambiguous and under its plain language, T.H. is not eligible to apply for reinstatement of her mother's parental rights.

¶ 9 This Court has summarized the role of appellate courts in construing statutes:

[1092]*1092The fundamental rule of statutory construction is to ascertain and give effect to legislative intent, and that intent is first sought in the language of a statute. When legislative intent cannot be ascertained from the language of a statute, as in cases of ambiguity, we must apply rules of statutory construction. The test for ambiguity in a statute is whether the statutory language is susceptible to more than one reasonable interpretation. Whether language is ambiguous is a question of law. In construing ambiguous statutory language, we do not limit ourselves to the consideration of a single word or phrase. Rather, we look to the various provisions of the relevant legislative scheme to ascertain and give effect to the legislative intent and the public policy underlying that intent.

In re J.L.M., 2005 OK 15, ¶ 5, 109 P.3d 336, 338 (citations omitted). Section 1-4-909(A)(8) is susceptible to more than one reasonable interpretation and therefore this Court must examine other provisions of the Oklahoma Children's Code to. ascertain legislative intent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Matter of Christina T.
1979 OK 9 (Supreme Court of Oklahoma, 1979)
In Re BTW
2010 OK 69 (Supreme Court of Oklahoma, 2010)
Fulsom v. Fulsom
2003 OK 96 (Supreme Court of Oklahoma, 2003)
In Re Jr
230 P.3d 1087 (Court of Appeals of Washington, 2010)
Darrow v. Integris Health, Inc.
2008 OK 1 (Supreme Court of Oklahoma, 2008)
In re the Interest of J.R.
156 Wash. App. 9 (Court of Appeals of Washington, 2010)

Cite This Page — Counsel Stack

Bluebook (online)
2015 OK 26, 348 P.3d 1089, 2015 Okla. LEXIS 39, 2015 WL 1926287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/th-v-state-okla-2015.