In the Matter of: A.A.

A.A. (Child) was born in August 2014. Father was present in the hospital on the day of her birth. At that time, Child and Mother tested positive for phencyclidine (PCP). The Oklahoma Department of Human Services (DHS) was notified, and the case was referred to Family Centered Services. Mother entered a residential drug treatment facility, and Child was temporarily placed with a friend until Child later joined Mother at the facility. Shortly after completing treatment, Mother tested positive for PCP and marijuana. In June 2015, when Child was nine (9) months old, DHS removed Child from Mother's home and two (2) months later placed Child with her current kinship foster parent. During that time, Father was incarcerated. When released, Father was "mostly consistent" in following the court-approved individualized service plan with respect to Child. However, on the first scheduled day of unsupervised visitation, Father abandoned the opportunity to visit, and instead, stabbed a man in the chest with a knife. Upon his arrest, Father had six (6) individually wrapped bags of marijuana. After he was released on bond on May 20, 2017, Father met with DHS on May 26th to discuss reengaging in services and scheduling visitation. On June 6, 2017, Father had a supervised visit with Child but chose not to schedule further visits due to the uncertainty of his schedule. On June 9, 2017, DHS submitted referrals for Father to resume work on his ISP. Father never contacted DHS again. Father was ultimately sentenced to ten years for assault and battery with a dangerous weapon and for possession with intent to distribute marijuana. When termination of parental rights proceedings were initiated against him, Father agreed that it was unfair for Child to have to wait for his release from prison, but he stated that he also thought it would be unfair if he did not receive another opportunity to correct conditions. Father testified that he was participating in a step-down program, which would move him to a halfway house by the end of the year and allow early release within three (3) to five (5) years based on good behavior. Father admitted that he did not try to call or visit Child or DHS from June to November 2017, even though he was released on bond during that time. Nevertheless, his parental rights were terminated. He appealed, challenging whether the State presented clear and convincing evidence to support the termination. Finding the evidence sufficient to support termination, the Oklahoma Supreme Court affirmed. View "In the Matter of: A.A." on Justia Law