In Re Cdpf
2010 OK 81
| Okla. | 2010Background
- DHS found C.D.P.F., then nine months old, in a home during a drug search; mother was not in the home but had previously stayed there.
- Mother was arrested for felony possession of methamphetamines; C.D.P.F. was placed in DHS custody; mother failed a drug test at that time.
- Petition to adjudicate C.D.P.F. as deprived filed June 18, 2007 alleging unsafe home, drug use, inappropriate caregivers, and domestic violence.
- July 2007 disposition required conditions: substance abuse treatment, abstinence from drugs, and random drug testing.
- Mother repeatedly failed or refused drug tests, denied drug use, and declined in-patient treatment; DHS sought continued monitoring and testing.
- May 15, 2008 the State sought termination; jury terminated parental rights; trial court judgment entered July 24, 2008; Division IV reversed but certiorari granted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was termination in C.D.P.F.'s best interests. | State: termination serves child's best interests due to ongoing drug issues and noncompliance. | Daniels: no proven drug use; termination not in best interests. | Yes; termination supported by best interests. |
Key Cases Cited
- In the Matter of C.G., 637 P.2d 66 (OK 1981) (clear and convincing standard governs termination review)
- In the Matter of the Adoption of L.D.S., 155 P.3d 1 (OK 2006) (balances parental rights with state’s duty to protect children)
- In the Matter of S.B.C., 64 P.3d 1080 (OK 2002) (requires canvassing record for clear and convincing evidence)