11-009 report ocr 1 |
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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
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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 |