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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

Okla State Agency	House of Representatives, Oklahoma
Title	Oklahoma family law.
Alternative title	Interim study report
Authors	McCullough, Mark. Peterson, Pam. Jordan, Fred. Oklahoma. Legislature. House of Representatives. Judiciary Committee.
Publisher	Oklahoma House of Representatives
Publication Date	2011-10
Publication type	Interim Study
Subject	Domestic relations--Oklahoma. Marriage law--Oklahoma.
Purpose	The purpose of this study is to examine the current State of Oklahoma Family Law system including the function of the courts, potential inequitable outcomes, speed of resolution and possible alternatives to no-fault when children are involved. Possible adoption of the Parental Diverse Reduction Act.
Contents	Report October 17, 2011; Termination of parental rights / Mark McCullough; Future of the Tulsa County Family Court Program / Mary F. Fitzgerald; Family fragmentation in the 21st century : where we're at - what we know now : a look at the nation and Oklahoma / Michael L. Jestes; Second chances : a chance to reduce unnecessary divorce in Oklahoma / Mike Jestes; sign-in sheet; Report October 18, 2011; American Academy of Matrimonial Lawyers model for a parenting plan; sign-in sheet
Notes	combined with 11-006 and 11-100
Series	Oklahoma. Legislature. House of Representatives. Interim study ; no. 11-009
OkDocs Class#	L1305.7 I61s 11-009
For all issues click	L1305.7 I61s 2011
Digital Format	PDF, Adobe Reader required
ODL electronic copy	Downloaded from agency website: http://www.okhouse.gov/Documents/InterimStudies/2011/11-009%20report.doc
Rights and Permissions	This Oklahoma government publication is provided for educational purposes under U.S. copyright law. Other usage requires permission of copyright holders.
Language	English
Date created	2012-03-01
Date modified	2012-03-02

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

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