In Re Lm
276 P.3d 1088
Okla. Civ. App.2012Background
- This is a consolidated appeal from a parental-rights termination in the L.M. deprived case, where the jury found: Mother has a mental illness; Father and Mother failed to correct the deprivation conditions; the trial court terminated both parents' rights.
- The trial court terminated Mother's rights based on § 1-4-904(B)(13) (mental illness) and § 1-4-904(B)(5) (failure to correct), and terminated Father's rights based on § 1-4-904(B)(5).
- Amendments to the Oklahoma Children's Code in 2009 recodified and amended grounds for termination (May 21, 2009), including § 1-4-904(B)(13).
- The court instructed on the pre‑May 21, 2009 grounds for both parents, rather than the amended statute, and the relevance of retroactivity became a central issue on appeal.
- The court held § 1-4-904(B)(13) governs Mother's termination, and retroactive application is protected for proceedings begun prior to the amendments; the instruction on § 7006-1.1(A)(13) was not fundamental error, but the case is remanded for a new trial because the statute changes affect the grounds and the record failed to show long‑term, non‑treatable illness.
- The court reversed and remanded Mother's termination for a new trial; it affirmed Father's termination but remanded to correct a deficiency in the termination order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Proper application of amended § 1-4-904(B)(13)? | Mother contends amended ground should not retroactively apply and that evidence fails the new standard. | State argues amended ground applies and supports termination. | Amended § 1-4-904(B)(13) applies prospectively; proceedings begun under prior statute are protected; no fundamental error in instruction. |
| Sufficiency of evidence under § 7006-1.1(A)(13) (mental illness) to show harm if continued custody with Mother? | State shows long‑term mental illness and harm if returned; termination warranted. | Mother's illness may not respond to treatment; evidence insufficient to show future harm. | Evidence showed mental illness but failed to prove it would not respond to treatment or substantially improve; thus insufficient under § 7006-1.1(A)(13). Reversed as to Mother. |
| Error in applying § 1-4-904(B)(5) (failure to correct) where § 7006-1.1(A)(13) governs? | State may rely on § 1-4-904(B)(5) to prove uncorrected conditions. | Court should not apply § 1-4-904(B)(5) where § 7006-1.1(A)(13) governs the case. | § 7006-1.1(A)(13) governs Mother's termination; trial court erred in instructing under § 7006-1.1(A)(5); remanded for new trial on that ground. |
| Whether Father's termination was properly supported and the order corrected on appeal? | State established Father's failure to correct; termination proper. | Father argues issues with trial conduct and severance; seeks reversal or new order. | Termination as to Father affirmed, but remanded to correct a deficiency in the termination order. |
Key Cases Cited
- Matter of C.D.P.F., 2010 OK 81 (OK Supreme Court 2010) (establishes clear and convincing standard and record review)
- Matter of J.N.M., 1982 OK 153 (OK Supreme Court 1982) (parens patriae and due process protections in termination)
- Matter of P.W.W., L.M.W., N.W. & S.W., 2012 OK CIV APP 18 (OK Civil Appeals 2012) (retroactivity of amended grounds; procedural safeguards)
- Matter of L.G., 1993 OK CIV APP 162 (OK Civil Appeals 1993) (illustrates the pre-amendment element requiring causation by parent)
- Cole v. Silverado Foods Inc., 2003 OK 81 (OK Supreme Court 2003) (retroactivity of amended statutes; rights in existence)
- In re Adoption of Baby A., 2006 OK 24 (OK Supreme Court 2006) (OUJI instruction framework and reliance on correct law at trial)