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INTERIM STUDY REPORT
Judiciary Committee
Rep. Fred Jordan, Chairman
Oklahoma House of Representatives
Interim Study 11-009, Rep. Mark McCullough (combined with 11-006, Rep. Mark McCullough,
and 11-100, Rep. Pam Peterson, et. al.)
October 17, 2011
Oklahoma Family Law
Representative Mark McCullough
• The first part of the study focused on the foster care system and termination of parental rights.
Dr. Laura Boyd, Executive Director
Oklahoma Therapeutic Foster Care Association
lboyd5@cox.net
Together with Hon. Doris L. Fransein, Chief Judge
Tulsa County Juvenile Bureau
• The Oklahoma Supreme Court requires due process in potential adjudicatory and termination
proceedings and a clear and convincing standard of proof. There is an obligation for jury trial in
these matters.
• Jury trials in parental termination proceedings greatly complicate termination.
• Only ten states require jury trial in parental rights termination proceedings. Oklahoma is one of
them.
• Federal courts provide that there is no right to jury trial in juvenile matters. Oklahoma added a
constitutional provision in 1969 that requires a jury trial in juvenile cases. An Oklahoma
Supreme Court case in 1987 granted a right to a jury trial and “cemented” that right. Article II
of the Oklahoma State Constitution was amended to repeal the 1969 amendment. The
Oklahoma Supreme Court promptly defied. This is a problem.
• Recommends that the legislature amend Title 10 to eliminate the right to a jury trial.
• Requiring a jury trial allows termination proceeding to be drug out which is harmful to
children.
• Most termination cases are not “borderline.” The facts of the case clearly favor termination if
the judge recommends termination. Most cases are not borderline nor need a trial.
• Agreed that the District Attorney’s office is not the proper place to adjudicate juvenile matters.
See presentations a and b
Keith and Tammy Winn
Foster Parents
• Provided an overview of their kinship foster parent experience.
• Child was severely injured when brought to Mr. and Mrs. Winn and the birth mother could not
explain injuries. Birth mother was addicted to methamphetamines. Child suffered from asthma
Object Description
Description
| Title | 11-009 report ocr 1 |
| Full text | INTERIM STUDY REPORT Judiciary Committee Rep. Fred Jordan, Chairman Oklahoma House of Representatives Interim Study 11-009, Rep. Mark McCullough (combined with 11-006, Rep. Mark McCullough, and 11-100, Rep. Pam Peterson, et. al.) October 17, 2011 Oklahoma Family Law Representative Mark McCullough • The first part of the study focused on the foster care system and termination of parental rights. Dr. Laura Boyd, Executive Director Oklahoma Therapeutic Foster Care Association lboyd5@cox.net Together with Hon. Doris L. Fransein, Chief Judge Tulsa County Juvenile Bureau • The Oklahoma Supreme Court requires due process in potential adjudicatory and termination proceedings and a clear and convincing standard of proof. There is an obligation for jury trial in these matters. • Jury trials in parental termination proceedings greatly complicate termination. • Only ten states require jury trial in parental rights termination proceedings. Oklahoma is one of them. • Federal courts provide that there is no right to jury trial in juvenile matters. Oklahoma added a constitutional provision in 1969 that requires a jury trial in juvenile cases. An Oklahoma Supreme Court case in 1987 granted a right to a jury trial and “cemented” that right. Article II of the Oklahoma State Constitution was amended to repeal the 1969 amendment. The Oklahoma Supreme Court promptly defied. This is a problem. • Recommends that the legislature amend Title 10 to eliminate the right to a jury trial. • Requiring a jury trial allows termination proceeding to be drug out which is harmful to children. • Most termination cases are not “borderline.” The facts of the case clearly favor termination if the judge recommends termination. Most cases are not borderline nor need a trial. • Agreed that the District Attorney’s office is not the proper place to adjudicate juvenile matters. See presentations a and b Keith and Tammy Winn Foster Parents • Provided an overview of their kinship foster parent experience. • Child was severely injured when brought to Mr. and Mrs. Winn and the birth mother could not explain injuries. Birth mother was addicted to methamphetamines. Child suffered from asthma |
| Date created | 2012-03-01 |
| Date modified | 2012-03-01 |
