317 P.3d 221
Okla. Civ. App.2013Background
- Children (M.A.K., M.J.K., A.F.K.) were adjudicated deprived on 8/22/2011 based on domestic violence, substance abuse, unstable housing, and exposure to inappropriate caregivers; an ISP outlining corrective requirements was entered 9/22/2011.
- ISP obligations included domestic violence classes, substance-abuse education and testing, stable housing, parenting classes, medical follow-through, monthly contact with DHS, visitation, and child support.
- Parents acquired property and a gutted mobile home in March 2012 and substantially renovated it, but the home remained unfinished and had several safety defects at the time the State moved to terminate in Dec. 2012.
- Mother delayed completing domestic-violence diagnostics until Nov. 2012, attended most class sessions but omitted material history (protective order, past arrest); Father had a 2010 domestic-assault conviction, was ordered into a 52-week program but completed only four sessions by trial.
- Mother had ongoing positive tests for prescribed controlled medications and did not complete substance-abuse treatment; both parents failed to complete other ISP requirements (parenting, full treatment programs).
- A jury found, by special interrogatory verdicts, that each parent failed to correct all listed conditions; the trial court entered termination orders. Parents appealed raising sufficiency of evidence, reasonable efforts, and ineffective assistance of counsel.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Parents) | Held |
|---|---|---|---|
| Sufficiency: failure to correct "safe and stable home" | Home remained unsafe; jury found condition uncorrected | Parents argued substantial progress and deficiencies were readily correctable; contest clear-and-convincing proof | Court: termination based on unsafe/stable-home condition NOT supported by clear and convincing evidence |
| Sufficiency: domestic violence condition | Parents failed ISP domestic-violence requirements; dishonesty and minimal participation showed uncorrected condition | Parents argued incidents were historical and there was no post-removal violence | Court: clear and convincing evidence supports termination on domestic-violence ground |
| Sufficiency: substance abuse condition | Mother repeatedly tested positive, failed to complete treatment despite time to do so | Mother argued medications were prescribed and no physician records showed disorder | Court: clear and convincing evidence supports termination on substance-abuse ground |
| Reasonable efforts / assistance & counsel effectiveness | DHS made reasonable efforts to inform and refer; appointed counsel represented Mother zealously | Father argued DHS failed to provide financial/transportation help; Mother claimed ineffective assistance | Court: DHS efforts were reasonable; counsel was not ineffective and no prejudice shown; claims denied |
Key Cases Cited
- Matter of S.B.C., 64 P.3d 1080 (Okla. 2002) (clear-and-convincing standard for parental termination)
- Matter of L.S., 298 P.3d 544 (Okla. Civ. App. 2013) (ISP noncompliance may support finding parent failed to correct conditions)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Young v. State, 902 P.2d 1089 (Okla. Crim. App. 1994) (presumption of prejudice when counsel takes no action)
- Quarles v. Panchal, 250 P.3d 320 (Okla. 2011) (use of separate verdict forms and special findings)
- Matter of Chad S., 580 P.2d 983 (Okla. 1978) (right to counsel in dependency/termination proceedings)