Justia Oklahoma Supreme Court Opinion Summaries

Jared and Brandi Boehm filed a petition to adopt Jared's three minor children without the consent of their biological mother, Brittney Ramirez, alleging she had failed to pay child support for twelve of the fourteen months preceding the petition. The trial court approved the adoption without Ramirez's consent, finding she had not complied with the child support order. Ramirez appealed the decision after the final Decree of Adoption was filed.The Court of Civil Appeals affirmed the trial court's decision, excluding federal stimulus payments received by the father from consideration in evaluating Ramirez's compliance with the child support order. Ramirez then sought certiorari, arguing that the stimulus payments should have been considered.The Supreme Court of the State of Oklahoma reviewed the case and found that the trial court's refusal to consider the economic stimulus payments, which were received by the father and credited to Ramirez's child support debt, was an abuse of discretion. The court determined that the evidence did not support a finding that Ramirez had willfully failed to pay child support in substantial compliance with the court order for twelve consecutive months. The Supreme Court vacated the Court of Civil Appeals' decision, reversed the trial court's ruling, and remanded the case for further proceedings consistent with its opinion. View "IN THE MATTER OF THE ADOPTION OF N.J.B." on Justia Law

A firefighter retired and chose to participate in the Oklahoma Firefighters Pension and Retirement Plan B program years after his divorce. His former spouse sought to enforce the divorce decree, which required the firefighter to pay her a portion of his Plan B benefits. The district court ruled in favor of the former spouse, ordering the firefighter to pay her a portion of the funds in the Plan B account.The Court of Civil Appeals reversed the district court's decision, construing the former spouse's request as an impermissible modification of the divorce decree. The appellate court held that final property judgments cannot be modified absent fraud. The former spouse then sought certiorari from the Supreme Court of Oklahoma.The Supreme Court of Oklahoma reviewed the case and held that when a vested firefighter selects the Plan B option post-divorce and the divorce decree does not specify the allocation of these funds, the Plan B account is divisible marital property to the extent that any funds in the account are attributable to the marital years. The court applied the precedent set by Baggs v. Baggs, which established that retirement benefits accrued during the marriage are divisible marital property. The court vacated the Court of Civil Appeals' opinion and affirmed the district court's judgment, allowing the former spouse to collect her share of the Plan B benefits, including interest. View "CUMMINGS v. SASNETT" on Justia Law

Amber Standfill, the mother of a minor child, appealed the decision of the District Court of Oklahoma County, which denied her motion to terminate the guardianship of her child, G.E.M.S. The guardianship had been granted to the child's maternal grandparents, Patrick and Amy Christle, due to concerns about the mother's living situation and mental health. The mother argued that she had completed the requirements set forth in the guardianship order to regain custody of her child.The District Court of Oklahoma County held a hearing and heard testimony from various parties, including the mother, the guardians, the child's psychologist, therapist, and Guardian ad Litem (GAL). The court found that although the mother had substantially completed the agreed-upon standards of conduct, it was in the best interest of the child to continue the guardianship. The court noted that the child had experienced significant trauma and expressed a desire to avoid contact with the mother's new husband, Mr. Taff, who was involved in the circumstances that led to the guardianship.The Supreme Court of the State of Oklahoma reviewed the case and affirmed the district court's decision. The court held that the district court did not abuse its discretion in allowing the guardianship to continue, as terminating it would be detrimental to the child's welfare. The court emphasized that the best interest of the child outweighed the mother's completion of the guardianship requirements. The court also noted that the district court had set additional conditions for the mother to fulfill, including improving her stability. The Supreme Court affirmed the district court's judgment, maintaining the guardianship of the minor child. View "IN THE MATTER OF THE GUARDIANSHIP OF G.E.M.S." on Justia Law

The State of Oklahoma sought to terminate the parental rights of Albert Parker, the natural father of J.O., a child who is a member of the Choctaw Nation. Parker was unaware of his paternity until genetic testing confirmed it in June 2022. The State filed a petition alleging that J.O. was deprived while in the mother's care, and the child was adjudicated deprived. Parker, who was incarcerated, had limited contact with J.O. and had not established a relationship with the child. The trial court terminated Parker's parental rights after a jury trial.The Court of Civil Appeals (COCA) reversed the trial court's decision and remanded the case for a new trial, finding that Parker's due process rights were violated and that the State was not required to comply with the Indian Child Welfare Act (ICWA) requirements. Both Parker and the State petitioned for certiorari review, which was granted.The Supreme Court of the State of Oklahoma reviewed the case and found that Parker's due process rights were indeed violated when the trial continued without his presence after his video feed was disconnected. The court also determined that the ICWA requirements apply in this case, regardless of whether Parker had a prior relationship with J.O. The court vacated the opinion of the Court of Civil Appeals, reversed the trial court's decision, and remanded the case for a new trial, ensuring compliance with ICWA and OICWA provisions. View "In re J.O." on Justia Law

The case involves the termination of parental rights of Brandi McCubbin, the adoptive mother of a child referred to as V.J.R. (also known as F.V.M.). The child disclosed to her biological mother that she had been sexually abused by her adoptive father, Charles Allen McCubbin. The biological mother reported the abuse to the police, leading to a forensic interview with the child, where she repeated her allegations and provided additional details. The child was subsequently taken into protective custody, and the State filed a petition to terminate the parental rights of both adoptive parents.The District Court of Oklahoma County adjudicated the child as deprived and terminated the parental rights of the adoptive mother, finding that she failed to protect the child from shocking and heinous abuse. The court determined that the adoptive mother had knowledge of at least one prior accusation of sexual abuse against the adoptive father and failed to take reasonable action to protect the child. The court also admitted a DVD recording of the child's forensic interview into evidence, despite the adoptive mother's later objections on appeal regarding the lack of a separate hearing to determine the reliability of the child's statements.The Supreme Court of the State of Oklahoma reviewed the case and affirmed the lower court's decision. The court held that the trial court did not err in applying the clear and convincing evidence standard rather than the heightened burden of proof under the Indian Child Welfare Act (ICWA), as the case did not involve a Native American child or family. The court also found that the evidence was sufficient to support the termination of parental rights, as the adoptive mother had constructive knowledge of the abuse and failed to protect the child. Additionally, the court ruled that any error in admitting the DVD recording without a separate hearing was harmless, as the trial court had made sufficient findings regarding the credibility and reliability of the child's statements. View "IN THE MATTER OF V.J.R." on Justia Law

The case revolves around the issue of whether a guardian can initiate a divorce proceeding on behalf of an incapacitated ward. Peter Galbraith, II, the ward, and Belinda Galbraith were married in 2015. Between 2018 and 2019, Mr. Galbraith became ill with Frontotemporal Dementia BV. Mrs. Galbraith obtained a power of attorney and later deeded the marital residence to her separate trust. In 2022, she asked Mr. Galbraith's brother and mother to take care of him, and he was moved out of the marital home. In 2023, Mr. Galbraith's brother and mother petitioned the court for a general guardianship over him and filed a Petition for the Dissolution of Marriage without first obtaining authorization from the guardianship court. Mrs. Galbraith filed a motion for summary judgment alleging the guardians lacked authority to initiate a divorce proceeding on behalf of the ward. The trial court agreed and granted the motion.The trial court initially held that the guardian did not have the authority to file a divorce petition on behalf of the ward. After obtaining authorization from the guardianship court, the guardian refiled the petition. However, the trial court again dismissed the petition, stating that Oklahoma law does not allow a guardian to initiate a divorce on behalf of a ward. The guardian appealed this decision to the Supreme Court of the State of Oklahoma.The Supreme Court of the State of Oklahoma reversed the trial court's decision. The court held that the Oklahoma Guardianship and Conservatorship Act does not explicitly disallow the guardianship court from authorizing a guardian to file a divorce petition on behalf of a ward. The court found that the guardian was acting to protect the ward's rights and manage his financial resources, which aligns with the purpose of the Act. The court also held that the addressed provisions of title 43 of the Oklahoma Statutes do not act as a bar to the initiation of such an action by the guardian. The court concluded that the guardianship court may authorize a guardian to initiate a divorce action on behalf of a ward. The case was remanded for further proceedings. View "GALBRAITH v. GALBRAITH" on Justia Law

The case revolves around a dispute between Sheena Hayes and Morgan Lawrence-Hayes, and Richard Penkoski. The dispute arose from Penkoski's social media posts, which the Hayes couple claimed were harassing and stalking. Penkoski, a public figure who identifies as a pastor, activist, and street preacher, posted content on Facebook criticizing the Hayes couple's church and their organization, Oklahomans for Equality. The Hayes couple, who are also public figures, claimed that they and their minor child were pictured in the posts, which they found offensive and threatening.The Hayes couple obtained a protective order against Penkoski from the District Court of Washington County. The court issued a permanent order of protection for five years, prohibiting Penkoski from posting any pictures, images, videos, or any likenesses of the Hayes couple or their minor child on any social media, making reference to them, or coming within 500 feet of them.Penkoski appealed the decision, arguing that his actions did not meet the requirements of stalking or harassment as defined by the Protection from Domestic Abuse Act, and that his posts were protected by his constitutional right to free speech.The Supreme Court of the State of Oklahoma reversed the lower court's decision. The court found that Penkoski's actions were not directed toward an individual person, but rather were public Facebook posts that named two organizations, not individuals. The court concluded that Penkoski did not direct his posts or comments toward the Hayes couple, and therefore, the district court abused its discretion in issuing the order of protection. The court vacated the order of protection. View "Hayes v. Penkoski" on Justia Law

The Supreme Court of the State of Oklahoma reviewed the termination of parental rights of Victoria Rodriguez and Everardo Rodriguez, Sr., parents of four children who were adjudicated deprived. The children were removed from their parents' custody following allegations of severe sexual abuse against the eldest daughter, M.R., by her father over a two-year period, and the mother's failure to protect the children from this abuse.The District Court of Oklahoma County terminated the parents' rights after a jury trial. Both parents appealed separately, and their appeals were considered together in this opinion. The mother argued that the Indian Child Welfare Act (ICWA) was unconstitutional as it denied her equal protection under the law. However, the court found that she lacked standing to challenge the constitutionality of ICWA. The court also held that the trial court did not violate her right to equal protection under the law by failing to apply a heightened burden of proof under ICWA.The father argued that the trial court erred by not making certain required findings under federal and state law and by granting the State's Motion in Limine. The court found that the trial court did not err in these respects. The court affirmed the trial court's orders terminating the parental rights of both parents. View "In the Matter of M.R." on Justia Law

The Supreme Court of the State of Oklahoma affirmed the termination of a mother's parental rights in a case concerning two deprived children. The mother, Brianna Tatum, had sought certiorari review from the Court of Civil Appeals' opinion which upheld the trial court's final order terminating her parental rights. On certiorari, Tatum claimed that the record did not support a finding that she had waived her right to a jury trial in a parental termination proceeding.The case hinged on two key questions: whether a Court Minute memorializing a contemporaneous court proceeding could support a party's oral consent to waive a jury trial in a parental termination proceeding, and whether a party who proceeds to trial without demanding a jury trial or objecting to a non-jury trial has waived any right to a jury trial. The Court answered both questions affirmatively.The Court found that Tatum had waived her right to a jury trial by her conduct, proceeding with the non-jury trial without any demand for a jury trial or raising an objection to the non-jury trial. Furthermore, the Court held that the trial court did not abuse its discretion in proceeding with a non-jury trial. Therefore, the opinion of the Court of Civil Appeals was vacated, and the judgment of the trial court terminating Tatum's parental rights was affirmed. View "IN THE MATTER OF E.J.T." on Justia Law

In this case, a mother and her husband (the appellants) sought to adopt the mother's biological child, A.J.B., born out of wedlock, without the consent of the child's biological father. The biological father (the appellee) was incarcerated for a significant portion of the statutory period under consideration. The appellants claimed that the biological father failed to maintain a substantial and positive relationship with the child and failed to contribute to the child's support, both of which would allow for adoption without his consent under Oklahoma law. The trial court denied the adoption, finding that the evidence was insufficient to grant an adoption without the biological father's consent. The Oklahoma Court of Civil Appeals agreed that the father did not willfully fail to support the child, but found that the appellants had established a prima facie case that the father did not maintain a substantial and positive relationship with the child. The case was remanded for an evidentiary hearing on the father's defenses.However, the Supreme Court of the State of Oklahoma disagreed with the Court of Civil Appeals. The Supreme Court found that the mother had intentionally concealed her and the child's whereabouts from the biological father, thus making it impossible for him to maintain a relationship with the child. The Supreme Court affirmed the trial court's judgement, holding that the trial court did not abuse its discretion in denying the adoption without the father's consent because the evidence was insufficient to sustain the application for adoption without consent. View "IN THE MATTER OF THE ADOPTION OF A.J.B." on Justia Law