IN THE MATTER OF V.J.R.

Citations

• 2024 OK 66

Syllabus

¶ 0 Respondent/Appellant, Brandi McCubbin (hereinafter \Adoptive Mother\), appeals the trial court's order terminating her parental rights for failure to protect V.J.R., also known as F.V.M. (hereinafter \Child\), from shocking and heinous abuse pursuant to 10A O.S.2021, § 1-4-904(B)(9). This Court retained the appeals in this case and a companion case--i.e., Victoria Rodriguez v. State of Oklahoma ( In re M.R. ), No. 120,910 (Okla. filed Dec. 7, 2022)--to address an issue of first impression concerning whether the trial court should have applied ICWA's heightened burden of proof in a case that does not involve a Native American child or family. In Rodriguez v. State ( In re M.R. ), 2024 OK 28 , ¶ 0, 16--23, 548 P.3d 120 , 123, 128--31, we held that, in such a case, the parent lacks standing to challenge the constitutionality of ICWA and that, even if we were to presume standing existed, the equal protection claim must fail because ICWA's heightened burden is based on a preference that is political (i.e., tribal membership) rather than racial. Thus, all that remains in this appeal is to dispose of Adoptive Mother's remaining arguments concerning the sufficiency of the evidence against her and the admission of a DVD recording of Child's forensic interview into evidence. Upon review of those issues, we find that the trial court's order terminating parental rights should be affirmed.