In re Amendments to Okla. Unif. Jury Instructions-Juvenile

• Citation: 2022 OK 74
• Decision Date: 20 September 2022
• Docket Number: 2022 OK 74
• Parties: IN RE AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS-JUVENILE
• Court: Supreme Court of Oklahoma

2022 OK 74

IN RE AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS-JUVENILE

No. 2022 OK 74

Supreme Court of Oklahoma

September 20, 2022

ORDER ADOPTING AMENDMENTS TO OKLAHOMA UNIFORM JURY INSTRUCTIONS-JUVENILE

¶1 The Court has reviewed the report and recommendations of the Oklahoma Supreme Court Committee for Uniform Jury Instructions for Juvenile Cases to adopt proposed amendments to existing jury instructions and to add a new jury instruction codified as Juvenile Instruction No. 2.6A. The Court accepts the report and finds the revisions should be adopted as modified by the Court.

¶2 It is therefore ordered, adjudged and decreed that the revisions to the instructions shall be available for access via the internet from the Court website at www.oscn.net and provided to West Publishing Company for publication. The Administrative Office of the Courts is requested to duplicate and provide copies of the revisions to the judges of the District Courts. Further, the District Courts of the State of Oklahoma are directed to implement these revisions effective thirty (30) days from the date of this Order.

¶3 It is therefore ordered, adjudged and decreed that the amendments to existing Oklahoma Uniform Jury Instructions-Juvenile (OUJI-JUV) Nos. 1.6, 2.2, 3.2, 3.7, 3.9, 3.11, 3.12, 3.13, 3.14, 3.15, 3.16, 3.17, 3.18, and 3.19A, and the new proposed instruction, OUJI-JUV No. 2.6A, their statutory authority, Committee Comments, and Notes on Use, as set out and attached to this Order, are hereby adopted. The Court authorizes the attached OUJI-JUV instructions, the updated Committee Comments, and Notes on Use, as modified by the Court, to be published.

¶4 The Court today declines to relinquish its constitutional or statutory authority to review the legal correctness of these authorized instructions when it is called upon to afford corrective relief in any adjudicative context.

¶5 These amended instructions shall be effective thirty (30) days from the date this Order is filed with the Clerk of this Court.

CONCUR: Darby, C.J., Kane, V.C.J., Winchester, Edmondson, Combs, Gurich, Rowe and Kuehn, JJ.

DISSENT: Kauger, J. (by separate writing)

¶1 I dissent to the Juvenile Rule No. 1.6 because it fails to include the factors concerning bias and prejudice listed in Rule 2.3 of the Code of Judicial Conduct, 5 O.S. 2011 Ch. 1, App. 4.

Juvenile Instruction No. 1.6

Jury's Duties -- Cautionary Instruction --

Bias on Account of Race, Religion, Etc.

Remember that under our justice system the race, religion, ethnicity, national origin, or social status, of the parties or their attorneys must not be considered by you in the discharge of your sworn duty as a juror.

Committee Comments

This instruction should be given with the other cautionary instructions after the jury is sworn if any party belongs to a minority race or religious group, and the instruction is requested by the party's attorney.

Juvenile Instruction No. 2.2

Statement of the Case

This trial is the result of a petition/motion asking for the termination of parental rights.

The petition/motion alleged the following:

[Identify the alleged statutory grounds for termination from the petition/motion ]

The allegations in the petition/motion are not evidence in the case.

Committee Comments

The trial court should identify to the jury the alleged statutory grounds for termination pursuant to 10A 2021 § 1-4-904. See Matter of K.H., 2021 OK 33 ¶ 47, n.25, 507 P.3d 647, 657. The petition/motion itself should not be read to the jury. See Marathon Battery Co. v. Kilpatrick, 1966 OK 268, ¶ 60, 418 P.2d 900, 915 ("it is not good practice to formulate the issues by reading at large from the pleadings")

Juvenile Instruction No. 2.6A

Reasonable Efforts

You are instructed that the court has made the required findings as to reasonable efforts to prevent removal of the child and to reunify the child and family.

Notes on Use

This Instruction should be given only when the parties have raised the issue of reasonable efforts at trial.

Committee Comments

The trial court is required to make a predicate determination of whether reasonable efforts have been made to achieve reunification. See Matter of V.D., 2018 OK CIV APP 72, ¶ 5, 431 P.3d 381.

Juvenile Instruction No. 3.2

Abandoned Infant

The State seeks to terminate the parent's rights on the basis that the child is an abandoned infant. In order to terminate the parental rights on the basis that the child is an abandoned infant, the State must prove by clear and convincing evidence that:

1. The child has been adjudicated to be deprived;

2. Termination of parental rights is in the best interests of the child; and

3. [ The child was twelve (12) months of age or younger; and the parent:

[willfully intended by words, actions, or omissions not to return for the child.]

OR

[has failed to maintain a significant parental relationship with the child through visitation or communication, despite being given the opportunity to do so.

Incidental or token visits, communications or contributions are not considered significant. "Token" means merely simulated, slight or of no real account.]

OR

[failed to respond to notice of deprived proceedings.]

Statutory Authority: 10A O.S. 2021, §§ 1-105(1), 1-105(38), 1-4-904(B)(3).

Notes on Use

This Instruction should be used if the child was twelve months old or younger at the time of the filing of the petition. The trial judge should select the particular ground or grounds for finding that the child was abandoned that are supported by the evidence.

Committee Comments

The Committee notes that the definition of abandonment in 10A O.S. 2021, § 1-1-105(1)(b) does not contain an element of intent and that there are situations where a parent may have been denied the opportunity to develop a relationship with his/her child. See In re Swanson, 2 S.W.3d 180, 182-83 (Tenn. 1999) (mother prevented father from maintaining relationship with child). In order to avoid potential constitutional issues regarding conclusive presumptions in those types of situations, this instruction requires the parent to have had an opportunity to develop a relationship. The definition of "token" is taken from Matter of Adoption of B.O., 927 P.2d 202, 209 (Utah App., 1996) (quoting Webster's New Twentieth Century Dictionary 1919 (2d ed. 1979)).

Juvenile Instruction No. 3.7

Failure to Contribute to Support of Child

The State seeks to terminate the parent's rights on the basis that the parent has willfully failed, refused or neglected to contribute to the support of a child. In order to terminate parental rights on the basis that the parent has willfully failed, refused or neglected to contribute to the support of a child, the State must prove by clear and convincing evidence each of the following elements:

1. The child has been adjudicated to be deprived;

2. The parent did not have custody of the child;

3. The parent has willfully failed, refused or neglected to contribute to the support of the child for six (6) months out of the last twelve (12) months immediately preceding the filing of a petition/motion for termination of parental rights in substantial compliance with a court order of support; or, if no provision for support is provided in an order, according to the parent's financial ability to contribute to the child's support; and, 4. Termination of parental rights is in the best interests of the child.

Statutory Authority: 10A O.S. 2021, § 1-4-904(B)(7).

Juvenile Instruction No. 3.9

Heinous And Shocking Abuse

The State seeks to terminate the parent's rights on the basis of the parent's abuse of any child that was heinous and shocking. In order to terminate parental rights on the basis of the parent's abuse of any child that was heinous and shocking abuse, the State must prove by clear and convincing evidence that:

1. The child has been adjudicated deprived;

2. The parent abused any child;

3. The abuse was heinous and shocking; and, 4. Termination of parental rights is in the best interests of the child.

Statutory Authority: 10A O.S. 2021, § 1-4-904(B)(9).

Notes on Use

Instructions Nos. 3.10 and 3.11, which contain the definitions of abuse and heinous and shocking abuse, should be used with this Instruction.

The ground for termination in 10A O.S. 2021, § 1-4-904(B)(9) is heinous or shocking abuse, but the corresponding definition in 10A O.S. 2021, § 1-1-105 (35) refers to heinous and shocking abuse. The Committee has concluded that these terms should be treated as synonymous.

Juvenile Instruction No. 3.11

Definition Of Heinous And Shocking Abuse

"Heinous and shocking abuse" includes, but is not limited to, aggravated physical abuse that results in serious bodily, mental, or emotional injury. "Serious bodily injury" means injury that involves:

a. a substantial risk of death, b. extreme physical pain, c. protracted disfigurement, d. a loss or impairment of the function of a body member, organ, or mental faculty, e. an injury to an internal or external organ or the body, f. a bone fracture, g. sexual abuse or sexual exploitation, h. chronic abuse including, but not limited to, physical, emotional, or sexual abuse, or sexual exploitation which is repeated or continuing, i. torture that includes, but is not limited to, inflicting, participating in or assisting in inflicting intense physical or emotional pain upon a child repeatedly over a period of time for the purpose of coercing or terrorizing a child or for the purpose of satisfying the craven, cruel, or prurient desires of the perpetrator or another person, or

j. any other similar aggravated circumstance.

Statutory Authority: 10A O.S. 2021, § 1-1-105(35).

Notes on Use

The trial court should remove grounds for heinous and shocking abuse that are not applicable from this Instruction in order...