Davis v. Davis

KAUGER, J.,

with whom DOOLIN, V.C.J., HODGES and ALMA WILSON, JJ., join, dissenting.

I

THE STATED PURPOSE OF THE JUVENILE CODE IS TO INSURE ADEQUATE AND APPROPRIATE CARE FOR EVERY CHILD. THE PUBLIC LAW VERSUS PRIVATE LAW DISTINCTION DOES NOT BAR PRIVATE SUITS UNDER 10 O.S.Supp. 1983 § 1130(A)(2)

I must dissent from the majority opinion because it attempts to establish an unreasonable tension between state and private law based on a strained construction of the statutes of the State of Oklahoma. The Juvenile Code was enacted to protect the best interest of the children of this state, to provide…