Dept. of Human Services v. J. J. / E. S.

Summary

The Oregon Court of Appeals affirmed judgments terminating the parental rights of both parents to their five-year-old child. The court held that the Department of Human Services established by clear and convincing evidence that the parents were unfit, that the mother had neglected the child, and that termination was in the child’s best interests. The court also concluded that a guardianship was not a viable alternative to termination of the father’s parental rights.

Holdings

1. Mother was unfit because her neglect, untreated substance abuse, and failure to maintain a stable living situation were seriously detrimental to M, and M could not be integrated into her care within a reasonable time.
2. Mother neglected M because, without reasonable and lawful cause, she failed during the six months before the termination petition to maintain visitation and contact with M and to communicate with M's custodian.
3. Termination of mother's parental rights was in M's best interests.
4. Father was unfit because his untreated mental illness and resulting volatile, unpredictable, and unstable conduct were seriously detrimental to M, and he had not made sufficient efforts to mitigate those conditions despite extensive agency efforts.
5. Termination of father's parental rights was in M's best interests despite the emotional bond between father and M.

Questions Presented

1. Whether clear and convincing evidence established that mother was unfit under ORS 419B.504 because of conduct or conditions seriously detrimental to M and unlikely to change within a reasonable time.
2. Whether clear and convincing evidence established that mother neglected M under ORS 419B.506 by failing to maintain visitation or contact with M and communication with M's custodian during the relevant six-month period.
3. Whether clear and convincing evidence established that termination of mother's parental rights was in M's best interests.
4. Whether clear and convincing evidence established that father's untreated mental illness and related conduct rendered him unfit under ORS 419B.504.
5. Whether father's circumstances were unlikely to change within a reasonable time for M.
6. Whether termination of father's parental rights was in M's best interests, notwithstanding the bond between father and M and father's argument that guardianship was a viable alternative.

Disposition

affirmed