State ex rel. Department of Human Services v. Gilbreath-Hancock

Supreme Court of Oklahoma June 11, 2015

State ex rel. Department of Human Services v. Gilbreath-Hancock, 373 P.3d 1031 (Okla. 2015)

2015 OK 42

Colbertxgurich, Combs, Decisis, Edmondson, Katuger, Reagon, Reif, Taylor, Watt, Winchester

Opinion of the Court

ORDER OF SUMMARY DISPOSITION

{1 Rule 1.201 of the Oklahoma Supreme Court Rules provides that "Hin any case in *1032which it appears that a prior controlling appellate decision is dispositive of the appeal, the court may summarily affirm or reverse, citing in its order of summary disposition this rule and the controlling decision." Okla. 8.Ct, Rule 1.201,

T2 After reviewing the record in this case, THE COURT FINDS that our decision in In the Matter of T.T.S., 2015 OK 36, 373 P.3d 1022 involves the same primary legal questions as those in the above-styled appeal; and therefore, our holding in T.T.S. disposes of the issues herein.1

183 IT IS THEREFORE ORDERED that the trial court's Journal Entry Terminating the Parental Rights of Respondent Mother, Karena Gilbreath-Hancock is reversed and the cause is remanded for further proceedings.

{4 REIF, C.J., WATT, EDMONDSON,. COLBERTxGURICH, JJ., concur. ¶ 5 COMBS, V.C.J., concurs in result by reagon of stare decisis. I6 KATUGER, J., concurs in result. 17 WINCHESTER, TAYLOR, JJ,, dissent.

. The issue presented in Matter of T.T.S. was whether in proceedings to terminate parental rights, brought pursuant to 10A O.S.2011 1-4-904(B)(3), the jury instructions, verdict forms, and final order must include the specific conditions a parent failed to correct.

Reference

Full Case Name: In the Matter of D.S.H., an alleged deprived child under the age of 18 years State of Oklahoma ex rel., Department of Human Services v. Karena L. Gilbreath-Hancock
Status: Published