IN RE ADOPTION OF K.P.M.A.
341 P.3d 38
Okla.2014Background
- Parental rights termination proceedings involve Respondent Father Billy McCall and minor KP.M.A., born 2012 out of wedlock to Mother; petitioners-appellees (Marshall and Toni Andrews) had custody since birth and sought termination and adoption.
- Mother relinquished rights and is not party on appeal; Father asserted paternity and claimed lack of notice and ineffective counsel.
- Trial court held a May 22, 2013 hearing, denied Father testimony on guardianship, and granted a directed verdict terminating rights.
- Record shows disputes about when Father learned of pregnancy/birth and whether notice via Facebook satisfied due process.
- Court of Civil Appeals previously affirmed termination; this Court granted certiorari to reexamine due process concerns and notice adequacy; majority held notice via Facebook insufficient and reversed/remanded; trial court’s termination not supported by clear and convincing evidence; ineffective assistance of counsel left undecided due to remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Father's procedural due process rights were violated | Appellees argue proper notice occurred through mother's communication | Father contends Facebook notice was inadequate and violated due process | Due process violated; Facebook notice insufficient; remand for further proceedings |
| Whether termination was supported by clear and convincing evidence | Appellees contend grounds under 7505-4.2 supported termination | Father argues lack of evidence due to notice and limited hearing | Not supported; record lacks sufficient clear and convincing evidence; remand for further fact-finding |
| Whether Father received ineffective assistance of counsel | Appellees contend issue not necessary to decide on remand | Father asserts counsel was ineffective | Not addressed on remand (precludes ruling here) |
Key Cases Cited
- In re Termination of Parental Rights of Biological Parents of Baby Boy W., 988 P.2d 1270 (1999 OK 74) (due process when father denied notice of pregnancy/birth; parental rights terminated improperly)
- Baby Boy W., 988 P.2d 1270 (1999 OK 74) (notice to father required; fail to notify violates due process)
- Steltzlen v. Fritz, 134 P.3d 141 (2006 OK 20) (notice to father essential; termination improper without notice)
- In re Adoption of Baby Boy K.B., 264 P.3d 1258 (2011 OK 94) (emphasizes notifying father to seize opportunity interest)
- Lehr v. Robertson, 463 U.S. 248 (1983) (natural father's opportunity interest; notice essential to protect due process)
- Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306 (1950) (notice must be reasonably calculated to inform interested parties)
- Booth v. McKnight, 70 P.3d 855 (2003 OK 49) (due process notice standards in Oklahoma)