MARCH 2025 | VOLUME 1 ISSUE 9

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Gwendolyn Clegg

Spring always brings to mind growth, renewal and reflection. Soon we will notice our landscapes will begin to awaken with an abundance of color with blooming flowers and trees. Sunshine will lengthen our days, and warmer weather will bring a desire to spend time outdoors.

As OFR turns nine months old on March 1, it is time to reflect. OFR’s contractors will soon receive a self-evaluation survey. This survey is designed for you to reflect on your work over the past nine months. The survey will also prompt you to provide reflection on OFR. What have you done well and where do you recognize the need for improving your work? What has OFR done well and where does OFR need to improve?

While change is hard, in 2023 our legislature recognized that change is necessary in the legal representation of parents and children in Oklahoma’s child welfare cases. Self-evaluation and reflection is the pathway for accountability and responsibility in our work.

My hope is that as you move through the self-evaluation survey you will reflect on your role in the child welfare system. Ask yourself how can I improve my legal representation of my clients? Then start thinking about the steps you will take to implement improvement.

“Self-reflection leads to self awareness,

Which leads to self-correction,

Which leads to a change in behaviors.

Which leads to new experiences.

The change you’re seeking always starts with YOU!”

Author unknown. 

Shoutout to Cheyenne Donatello!

Cheyenne had a big win in Washington County and through her advocacy a child was placed with the non-offending parent/client, father, in Texas. Cheyenne successfully argued that ICPC does not apply since the father was a non-offending parent and the court was not seeking evidence of unfitness. Father was given custody and the case closed.

Shoutout to Brian Bush!

One of Brian's clients called to let us know what a great job he was doing for her in Greer County. She called OFR previously because she couldn't figure out how to get an attorney. This time when she called, she sounded completely different after only a month. She had been assigned to Brian and had a different, positive demeanor. She sounded empowered and like she was going to get this done and get her children back home. She also wants to be a parent mentor for us in the future!

Shoutout to Rana Womack, Brian Bush, and Rodney Fergason!

These three attorneys did an excellent job in court during a court observation. Rodney was a zealous advocate for a mother with 3 children and a long child welfare and criminal history. Brian appeared as the GAL for the children on the same case, and despite only being appointed a week prior, was completely prepared and had spoken to all of the parties. Rana Womack had communicated with all of the children she represented and advocated for their expressed wishes, using substituted judgement for the one child too young to express a preference. One of the children appeared in court with her, and one was not there despite wanting to be present. She advocated for the child to attend all future court dates as the child had expressed a desire to do so. Finally, the judge offered all three attorneys appear by Teams at the next hearing, and all declined, stating they would appear in-person. Great work!

Have you done something awesome? Do you have a good story? Share it here!

The Importance of Jury Instructions in Termination of Parental Rights Cases, Holly Iker

In Oklahoma, juries deciding TPR cases are provided with an instruction regarding the Effect of Terminating Parental Rights. However, there is no standard Oklahoma Uniform Jury Instruction (OUJI) that addresses the effects of not terminating parental rights. This gap can lead to misunderstandings among jurors, particularly regarding what happens if they choose not to terminate a parent's rights.

One common misconception among jurors is that if they do not terminate parental rights, the child will automatically return home and the case will be closed. This is not necessarily true. In reality, when termination does not occur, the court retains jurisdiction over the child’s case, and the child may remain in foster care or under court-ordered supervision. The child welfare system continues to work toward the child’s safety and best interests, which may include reunification efforts, additional services, or the pursuit of other permanency options.

Given this potential for misunderstanding, I have seen success in Cleveland County by offering an additional jury instruction that clarifies the Effect of Not Terminating Parental Rights. This instruction is based directly on 10A O.S. § 1-4-908 and serves to ensure that jurors understand the full scope of their decision. By providing this additional guidance, we equip jurors with a more complete picture of the legal consequences of their verdict.

Here is a link to a proposed jury instruction. This is also in our Practice Resource Bank.

We encourage our contractors to consider requesting this additional jury instruction where appropriate and to be prepared to explain its relevance to the court. If you have any questions about using this instruction or need assistance preparing for an upcoming trial, please reach out.

By proactively addressing juror misconceptions, we can help ensure that their decisions are fully informed and in the children and families' best interests.

In the Matter of K.C., D.N., N.N., and K.O.

The Oklahoma Court of Civil Appeals affirmed a jury decision to terminate parental rights. Mother argues that the State failed to prove by clear and convincing evidence that she committed abuse or neglect or failed to protect from heinous and shocking abuse or neglect. She argues that she was not aware of the sexual abuse disclosed by minor child. There was evidence that the word "mother" in Chuukese refers to any female relative, and Mother alleges child meant she disclosed the abuse to an aunt, not Mother. Mother further argues that there was fundamental error committed in the Jury Instruction, as it lacked clarification that abuse must have been "heinous or shocking." Mother further argues the court admitted irrelevant and highly prejudicial testimony by allowing a DHS worker to testify to the rarity of immediate termination cases and the further rarity of finding no reasonable efforts required. Finally, mother argued that the State failed to prove that termination was in the best interest of the children, as it severed them from their Chuukese heritage. COCA affirms the termination of parental rights. See full opinion

In the Matter of the Guardianship of K.D.B., K.M.B, Minor Children

The Supreme Court of Oklahoma examined whether the district court erred in transferring this case to the District Court of the Cherokee Nation. The Court found that the district court was not clearly erroneous in finding that the Indian children in this case are domiciled in the Cherokee Nation Reservation, as in light of McGirt and Castro-Huerta, the Cherokee Nation Reservation was never disestablished and is thus Indian Country for the purposes of criminal law. Accordingly, the Cherokee Reservation constitutes "Indian country", thereby meeting the definition of reservation under ICWA. This holding is an acknowledgement of the existence of the Cherokee Nation Reservation under ICWA due to ICWA's incorporation of Section 1151 of the Major Crimes Act in the ICWA definition of Indian Country. See full opinion

In the Matter of M.I.A.P., N.L.M.P., and T.M.B.P., Alleged Deprived Children

The Oklahoma Court of Civil Appeals upheld a district court order terminating parental rights. The issues on appeal were whether the State proved by clear and convincing evidence the required elements for termination and whether the district court abused its discretion in admitting evidence. Mother alleges the court erred in admitting photographs of the home taken for a prior, closed, deprived case and represented them as present photographs of the home. Mother argues that she had substantial compliance with her treatment plan, but COCA cites In Re K.C., 2002: "The test, however, is not whether [the parent] completed the plan but whether [the parent] corrected the conditions which led to the adjudication." Mother alleges error in admitting a Batters Intervention Program report that contained hearsay, but the jury did not terminate based on a concern of physical abuse, but on other grounds. COCA finds the State met its burden of proving at least one ground for each child by clear and convincing evidence to support termination. See full opinion

Visitation: A Key to Reunification and Family Stability, Priscilla Minor-Thoms

There are established Visitation Policies and Best Practices for the Department of Human Services (DHS), both nationally and statewide. Due to the frequent turnover of DHS workers and supervisors, maintaining consistent visitation can be challenging for both parents and children.

The Importance of Visitation

The following information is sourced from Child and Family Visitation: A Practice Guide to Support Lasting Reunification and Preserving Family Connections for Children in Foster Care (DHS-5552-ENG 1-09):

• Visitation is Essential for a Child’s Well-Being: The primary purpose of visitation is to maintain the parent-child attachment, reduce a child’s sense of abandonment, and preserve their sense of belonging within their family and community. A child’s relationship with their parent(s) forms the foundation of their development.

• Visitation Supports Permanency: Regular visitation facilitates permanency planning, promotes timely reunification, and aids in making informed decisions regarding alternative permanency plans. It maintains the parent-child bond necessary for successful reunification.

• Visitation Sustains Family and Cultural Connections: Family connections have lifelong significance. Visitation helps children maintain relationships with siblings and other important figures in their lives, preserving family history, medical information, and cultural identity. Even when reunification is not possible, parents, siblings, and extended family remain essential to a child’s well-being.

Research on the Benefits of Visitation

Studies highlight the positive impact of parental visits on children in foster care:

• Children visited weekly or biweekly exhibit fewer behavioral problems than those visited infrequently or not at all. Regular visits are linked to lower anxiety and depression levels. (Cantos & Gries, 1997)

• Children who saw their parent(s) less than once a month felt they suffered from a lack of contact. (Kufeldt & Armstrong, 1995)

• Frequent visitation correlates with higher well-being ratings, better adjustment to placement, shorter stays in care, and increased likelihood of reunification. (Hess, 2003)

Best Practices for Visitation

• Visitation and family contact should never be used as a reward or punishment. It is a fundamental right of both families and children.

• Lack of regular visitation can lead to emotional detachment, making reunification increasingly difficult.

• Interdisciplinary Team (IDT) members are trained to address visitation in each case. They advocate for frequent visitation by:
• Encouraging DHS to clearly articulate safety concerns to parents.
• Suggesting creative solutions to increase visitation opportunities.
• Reviewing and asking for adjusting visitation plans on a monthly basis.

By prioritizing visitation and addressing housing challenges, we can work together to create stronger family connections and support successful reunifications.