IN THE MATTER OF A.F.K.
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; Parents (Denise and Levi Knight) stipulated to the petition.
- An Individualized Service Plan (ISP) dated 9/22/2011 set required services: domestic-violence classes, substance-abuse treatment and testing, parenting classes, stable verifiable income and housing, medical follow-up, visitation, and support payments.
- Parents made incremental housing improvements to a gutted mobile home acquired March 2012; photographs and testimony showed substantial work but the dwelling remained unsafe at trial (Dec. 2012).
- Mother belatedly completed a domestic-violence inventory in Nov. 2012 and attended seven of eight DV classes but failed to disclose material domestic-violence history; Father completed only 4 of 52 required DV counseling sessions after a domestic-assault conviction.
- Mother intermittently attended and did not complete substance-abuse treatment; she produced prescriptions but no medical records explaining long-term prescriptions; Father offered no evidence of correction for substance abuse or caregiver exposure.
- The jury returned six verdicts (one per parent per child) finding each parent failed to correct all four listed conditions; the trial court entered termination orders on 2/27/2013. Parents appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of clear-and-convincing evidence that parents failed to correct conditions | State: evidence (noncompletion of ISP, positive drug tests, limited DV treatment, unsafe housing) shows failure to correct conditions | Parents: challenged specific grounds — housing progress, lack of recent DV incidents, legally prescribed meds | Court: affirmed termination on domestic violence, substance abuse, and inappropriate caregivers; reversed as to safe-and-stable-home ground (housing progress showed condition could be corrected; evidence not clear-and-convincing) |
| Reasonable efforts by DHS to assist parents | State: DHS made reasonable efforts (referrals, information about services, rehabilitation resources) | Father: DHS failed to provide financial help and reasonable assistance given his health/financial limits | Court: DHS met reasonable-efforts standard; parents bore primary responsibility to use services offered |
| Effective assistance of counsel for Mother | State: counsel provided competent, zealous representation | Mother: counsel was disjointed, made improper objections, prejudiced her case | Court: no deficient performance or prejudice shown; counsel was effective |
| Termination order specificity | (State did not argue for reversal on form) | Parents: (not raised on appeal) | Concurring: trial court should specifically identify which uncorrected conditions support termination; lack of specificity in order noted though not raised as reversible error |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (deficient performance and prejudice standard for ineffective assistance)
- Matter of L.S., 298 P.3d 544 (Okla. Civ. App. 2013) (ISP noncompliance as evidence of failure to correct conditions)
- Matter of R.A., W.A., Z.A. and A.A., 280 P.3d 65 (Okla. Civ. App. 2012) (termination order must identify uncorrected conditions)
- Matter of D.D.F., 801 P.2d 703 (Okla. 1990) (right to counsel and effective assistance in parental-termination proceedings)
- Young v. State, 902 P.2d 1089 (Okla. Cr. 1994) (presumption of prejudice when counsel takes no action)
- Quarles v. Panchal, 250 P.3d 320 (Okla. 2011) (use of separate verdict forms and relation of special findings to general verdict)