IN THE MATTER OF B.K., 398 P.3d 323

B.K., age four, was removed after mother experienced a delusional episode believing police planted listening devices in the child; children were in DHS custody >36 months.
Psychologist and psychiatrist diagnosed Mother with a delusional (persecutory) disorder and recommended medication; Mother refused medication though she acknowledged the recommendations.
DHS created an Individualized Service Plan (ISP) requiring Mother to stabilize her mental health and follow psychological/psychiatric recommendations; services and evaluations were provided over ~39 months.
State filed to terminate parental rights under 10A O.S. § 1-4-904(B)(5) (failure to correct condition leading to deprived adjudication); trial by jury returned verdict for termination.
The Court of Civil Appeals majority reversed, holding the mental-health-specific ground § (B)(13) was the exclusive basis for termination; State sought certiorari.
Oklahoma Supreme Court granted certiorari, vacated the Court of Civil Appeals opinion, and affirmed the judgment terminating Mother’s parental rights, holding (B)(5) and (B)(13) are complementary.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 1-4-904(B)(13) (mental/cognitive disorder) is the exclusive ground for termination when a diagnosed disorder caused the deprived adjudication, or whether § 1-4-904(B)(5) (failure to correct condition) may also apply	State: (B)(5) may be used where a diagnosable disorder is the condition that must be corrected; (B)(5) and (B)(13) complement one another	Mother: Termination must be based on the specific (B)(13) ground because mental disorder—not parenting deficits—caused deprivation; using general (B)(5) was fundamental error	Court: (B)(13) is not exclusive; (B)(5) may be applied when a mental/cognitive disorder is the condition to be corrected; the trial court did not commit fundamental error and termination under (B)(5) was supported by clear and convincing evidence

In the Matter of R.A., 280 P.3d 366 (Okla. Civ. App. 2012) (Court of Civil Appeals held trial court erred using (B)(5) where mental illness was the actual condition)
In the Matter of C.R.T., 66 P.3d 1004 (Okla. Civ. App. 2003) (Court of Civil Appeals reversed termination under (B)(5) when mental illness both caused and perpetuated deprivation)
Lyni P. v. State, 626 P.2d 864 (Okla. 1981) (termination statutes must provide notice and opportunity to correct conditions leading to deprivation)
In re C.D.P.F., 243 P.3d 21 (Okla. 2010) (appellate standard: review whether factfinder could reasonably form a firm belief by clear and convincing evidence)