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

Child B.K. (age 4) removed after mother experienced delusional episode believing police planted listening devices in the child’s ears; emergency custody authorized August 2012.
Psychologist and psychiatrist diagnosed mother with delusional (persecutory) disorder; both recommended medication, which mother refused.
Mother stipulated to a deprived adjudication (April 2013). Individualized Service Plan (ISP) identified mental-health stability and compliance with psychological/psychiatric recommendations as conditions to regain custody.
Mother received counseling and psychological evaluations over ~39 months but declined psychopharmacological treatment; DHS documented ongoing delusional beliefs and lack of progress addressing why children were removed.
State sought termination under 10A O.S. § 1-4-904(B)(5) (failure to correct the condition); court submitted the issue to a jury, which recommended termination; trial court entered judgment terminating parental rights.
Court of Civil Appeals reversed, holding (B)(13) (diagnosed cognitive disorder) was the exclusive ground; Oklahoma Supreme Court granted certiorari.

Issue	State's Argument	Mother's Argument	Held
Whether §1-4-904(B)(13) is the exclusive ground when a diagnosed cognitive/mental disorder caused the deprived adjudication, or §1-4-904(B)(5) (failure to correct) may also be used	The State may proceed under (B)(5) because the mental disorder was the condition alleged and mother had been given notice, services, and time to correct it	Mother argued the specific cognitive-disorder ground in (B)(13) must be used exclusively; using (B)(5) was fundamental error	Held: (B)(13) is not exclusive; (B)(5) is available and the trial court did not err in terminating under (B)(5); the provisions complement each other and both satisfy due-process/notice and opportunity-to-correct purposes

In the Matter of R.A., 280 P.3d 366 (Okla. Civ. App. 2012) (court previously held termination under (B)(5) improper where mental illness was actual unaddressed condition)
In the Matter of C.R.T., 66 P.3d 1004 (Okla. Civ. App. 2003) (mental illness was basis for deprived adjudication and termination under (B)(5) found erroneous)
In re C.D.P.F., 243 P.3d 21 (Okla. 2010) (standard of review in termination cases: canvass record for clear-and-convincing evidence)
Matter of Lyni P., 626 P.2d 864 (Okla. 1981) (termination statutes protect parental due process by requiring notice of conditions and time to correct)