Divided Oklahoma Supreme Court rules for guardian couple over wishes of mother

A closely divided Oklahoma Supreme Court ruled Tuesday that a couple could adopt a child without the mother's consent — and against her wishes ― because it was in the best interests of the child.

In its 5-4 decision regarding a 5-year-old boy who was born addicted to drugs and was once found in a parking lot alone wearing only a diaper, the court said, “Clear and convincing evidence supports the trial court's conclusion that adoption without Mother's consent is in the best interests of Child.

“The record supports the trial court's findings of fact that, since being placed with Guardians, Child has received educational and medical care to address his cognitive and developmental delays. In that time, Child has begun to meet developmental milestones. Child's therapist reported to the trial court that, in that stable environment, Child had bonded with Guardians and was thriving.”

The decision, authored by Justice Dana Kuehn, overturned a ruling by the Oklahoma Court of Civil Appeals and returned the case to Cherokee County, where a district judge had ruled for the couple seeking to adopt the child without the mother’s consent.

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The facts that led to the Oklahoma Supreme Court ruling

The case turned in part on the question of whether the mother sought to establish a positive relationship with the child even though she was barred from visitation, even by video, since one visit resulted in the child trying to hurt himself.

Justice Richard Darby wrote a dissent saying the majority had not properly considered state law regarding the mother’s attempts to establish a positive relationship with the child before ruling that she had failed to do so.

“Of course, the Court must consider the best interest of Child,” Darby wrote. “But best interest is to be considered along with the statutes, not instead of.”

The majority opinion was signed by all three appointees of Republican Gov. Kevin Stitt ― Chief Justice M. John Kane IV, Vice Chief Justin P. Rowe and Kuehn — along with Justice James Winchester, an appointee of former Republican Gov. Frank Keating, and Justice James E. Edmondson, an appointee of former Democratic Gov. Brad Henry.

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Three of the four dissenters — Justices Yvonne Kauger, Douglas L. Combs and Noma Gurich — were appointed by Democratic governors. Darby was appointed by former Republican Gov. Mary Fallin.

The decision noted that the Legislature’s “overriding principle” in adoption cases is the best interest of the child and the justices said protecting a parent’s due process rights is usually in the child’s best interest.

“That is not always the case,” the majority opinion states. “Occasionally, as here, a trial court terminates parental rights, after considering the factors set forth in (state law) based on evidence that though a parent tries to maintain a relationship, the child is actually harmed by contact with the parent. Despite the parent's fundamental interest in her parental relationship with her child, neither a trial court nor a reviewing court may disregard this evidence.

“The trial court found that Guardians denied Mother access because they were told by Child's counselor that seeing Mother caused Child to harm himself, and because they saw Child harm himself after the visit with Mother.”

The child was born addicted to methamphetamine and PCP, according to the decision, and lived with his mother as an infant in a rehab facility. While staying with the father in 2019, the child was found wandering alone in a parking lot, wearing only a diaper; the child was returned to the father. About three weeks after that, the Oklahoma Department of Human Services placed the child with a third party and, a few weeks after that, the child’s paternal uncle and aunt were appointed as emergency guardians. At the end of 2019, they were named permanent guardians.

Early in the guardianship, the court’s decision states, the mother visited with the child on FaceTime, a video application.

“This had an adverse effect on Child, who began to self-harm after the call,” the decision states. “Mother subsequently asked Guardians for visitation, including Facetime visitation, ten or fifteen times. However, after the self-harm caused by the first visit, Child's therapist recommended Mother and Child have no further contact, and Guardians refused her requests for visitation.”

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The guardians filed a petition to adopt the child without the mother’s consent in September 2020, about a year after first taking custody, alleging that the mother had willfully failed to contribute to child's support or establish and/or maintain a substantial and positive relationship with child for 12 consecutive months out of the 14 months preceding the filing of the petition.

The district court agreed with the guardians and granted the petition. The mother appealed to the Court of Civil Appeals, which reversed and ruled for the mother.

The Supreme Court said the appeals court’s analysis was too limited in regard to the mother’s effort to establish a relationship. The appeals court concluded that the mother couldn’t establish a relationship since she had been cut off, the Supreme Court said.

“Child's adverse and self-harming response to a visit with Mother prompted Child's therapist to recommend no visitation,” the court said. “However, there was and is no prohibition against all contact. Mother could have explored other avenues to remain in Child's life. She chose not to do so. Clear and convincing evidence supports the trial court's conclusion that Guardians have met their burden to show that Mother failed to establish and/or maintain a substantial, positive relationship with Child.”

This article originally appeared on Oklahoman: Oklahoma Supreme Court rules couple can adopt child without mom's consent