OCCY agrees to seek Oklahoma Attorney General opinion on jury trials in termination proceedings

The Oklahoma Commission on Children and Youth voted to ask the state Attorney General for a formal opinion on whether the Oklahoma Constitution guarantees a right to a jury trial in termination of parental‑rights proceedings.

Keith Kirtle, speaking for the State Post Adjudication Review Board, described the board's prior recommendation and asked the commission to transmit the request on the board’s behalf with minor edits. "The board voted to request an attorney general's opinion on the question of does the Oklahoma constitution guarantee the right to a jury trial in a termination of parental rights proceeding," Kirtle said.

Why it matters: The question touches the intersection of juvenile procedure and constitutional rights and follows earlier legislative and judicial discussion; commissioners noted a 1987 Supreme Court opinion that recognized such a right and debated the potential weight and utility of an AG opinion given later legal developments.

Vote and procedural details

• Motion: Commissioners moved and seconded to approve OCCY sending a request for a formal AG opinion on the jury‑trial question with necessary modifications to come from OCCY.

• Recorded roll call: Commissioner Aaron (yes); Director Cartmell (no); Director Friend (yes); Commissioner Hall (yes); Commissioner Kurth (yes); Commissioner Laird (yes); Commissioner Schneider (yes); Secretary Shropshire (recorded text: "I'm not abstain" — transcript ambiguous); Commissioner Wilson (yes). The motion passed.

What the commission said

Commissioners and staff discussed whether the request should originate from OCCY or from the post‑adjudication review board; staff from the Attorney General’s office had recommended the request be sent by OCCY for procedural reasons. One commissioner asked about the precedential effect of an AG opinion relative to the 1987 decision and whether new legal developments could change the view of the AG's office.

Next steps

OCCY staff will finalize the letter and submit the formal request to the Attorney General's office on behalf of OCCY as authorized by the commission. The commission did not create new policy beyond authorizing the submission of the legal question for an AG opinion.