IN THE MATTER OF A.F.K.
2014 OK CIV APP 6
Okla. Civ. App.2013Background
- Children were adjudicated deprived on August 22, 2011; parents Denise and Levi Knight stipulated to the petition alleging domestic violence, substance abuse, unstable housing, and exposure to inappropriate caregivers.
- An Individualized Service Plan (ISP) issued September 2011 required domestic-violence classes, substance-abuse treatment and testing, stable housing, parenting classes, monthly DHS contact, visitation and other tasks.
- Parents received the ISP and over a year to comply; DHS filed a motion to terminate parental rights in December 2012 under the statutory ground that parents failed to correct the conditions despite being given at least three months.
- A jury filled six verdict forms (one per parent per child), checked each of the alleged uncorrected conditions (domestic violence, protect children from dangerous persons, substance abuse, maintain safe/stable home), and recommended termination; the trial court entered an order terminating parental rights in February 2013.
- Trial evidence: parents made substantial but incomplete progress on the mobile home (Father admitted it remained unsafe); Mother delayed and withheld domestic-violence history from evaluators and did not complete required treatment; Mother had intermittent participation in substance-abuse treatment and continued positive screens for prescribed drugs; Father attended only a few domestic-violence sessions.
- On appeal parents challenged (1) sufficiency of clear-and-convincing evidence, (2) whether DHS made reasonable efforts to reunify, and (3) whether Mother received effective assistance of counsel.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Parents) | Held |
|---|---|---|---|
| Sufficiency: failure to correct conditions (overall) | State: jury verdicts and evidence show parents failed to correct conditions that led to deprived adjudication, supporting termination by clear and convincing proof | Parents: evidence of progress (especially home repairs) and completion/participation in some services; some conditions were corrected or imminently correctable | Mixed: affirmed as to domestic violence, substance abuse, and exposure to inappropriate caregivers; reversed as to safe/stable home because evidence of substantial progress made clear-and-convincing standard unmet |
| Reasonable efforts by DHS to reunify | DHS: informed and referred parents to voluntary services and resources; made reasonable efforts to prevent removal and to return children | Father: DHS failed to provide sufficient financial or rehabilitative assistance given his health/poverty | Held: DHS made reasonable efforts; responsibility to correct conditions rests with parents, and referrals/encouragement were adequate |
| Effective assistance of counsel (Mother) | State: Mother was represented zealously; no deficient performance or prejudice shown | Mother: trial counsel was disorganized, made improper objections, interrupted witnesses, and misled the jury, causing prejudice | Held: Mother did not prove ineffective assistance under Strickland; claim rejected |
| Safe and stable home (specific condition) | State: home remained unsafe (no skirting, exposed wiring, yard hazards) and jury found condition uncorrected | Parents: substantial construction work had occurred; remaining items (skirting, handrail) were fixable quickly and progress showed correction in progress | Held: termination based on unsafe/stable home not supported by clear and convincing evidence and therefore reversed as to that ground |
Key Cases Cited
- Matter of S.B.C., 64 P.3d 1080 (Okla. 2002) (clear-and-convincing standard for parental termination review)
- State ex rel. A.W., 250 P.3d 343 (Okla. Civ. App.) (factual findings in termination must rest on clear and convincing proof)
- Matter of L.S., 298 P.3d 544 (Okla. Civ. App.) (ISP noncompliance may be considered evidence parents failed to correct conditions)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Matter of D.D.F., 801 P.2d 703 (Okla. 1990) (constitutional and statutory right to counsel in dependency/termination proceedings)