IN THE MATTER OF B.K., 2017 OK 58

Mother (appellant) had four-year-old B.K. removed after a delusional episode (believed police planted listening devices in child's ears); emergency custody in Aug. 2012.
Psychological and psychiatric evaluations diagnosed Mother with a delusional/persecutory disorder; clinicians recommended medication and therapy; Mother refused medication.
Mother stipulated to B.K. being adjudicated deprived; ISP required Mother to "maintain stability of mental health" and follow psychological/psychiatric recommendations.
Child remained in DHS custody >36 months; State sought termination of parental rights.
Trial court permitted the State to proceed under 10A O.S. 2011 § 1-4-904(B)(5) (failure to correct condition); jury returned verdict for termination.
Oklahoma Court of Civil Appeals reversed, holding § 1-4-904(B)(13) (diagnosed cognitive disorder) was the exclusive ground; Oklahoma Supreme Court granted certiorari, vacated the Court of Civil Appeals opinion, and affirmed the termination judgment.

Issue	State's Argument	Mother's Argument	Held
Whether § 1-4-904(B)(13) is the exclusive ground for termination where a diagnosed cognitive/mental disorder caused the deprived adjudication, or whether the State may instead proceed under § 1-4-904(B)(5) (failure to correct condition).	The State proceeded under B(5): a parent can be terminated for failing to correct the condition that led to deprivation even when that condition is a diagnosed mental disorder, because B(5) and B(13) are complementary.	Mother (and Court of Civil Appeals majority) argued B(13) is the specific statute addressing diagnosed cognitive disorders and therefore is the exclusive and proper ground; applying B(5) was fundamental error.	The Supreme Court held B(13) is not exclusive; B(5) may be used when a diagnosed disorder is the condition to be corrected. The provisions complement each other; termination under B(5) here was supported by clear and convincing evidence and not fundamental error.

Matter of Lyni P., 626 P.2d 864 (Okla. 1981) (termination statutes protect due-process rights by requiring notice of conditions and time to attempt correction)
In the Matter of C.R.T., 66 P.3d 1004 (Okla. Civ. App. 2003) (mental illness as basis for deprivation; court reversed termination under general "failure to correct" ground)
In the Matter of R.A., 280 P.3d 366 (Okla. Civ. App. 2012) (court reversed termination where mental illness, not parenting deficits, was the actual condition and ISP failed to address it)
In re C.D.P.F., 243 P.3d 21 (Okla. 2010) (appellate standard: canvass record to determine whether factfinder could reasonably form a firm belief or conviction under clear-and-convincing evidence standard)