400 P.3d 1036
Or. Ct. App.2017Background
- Grandparents (petitioners and legal guardians) filed to adopt their 6‑year‑old granddaughter A; father consented, mother did not.
- Petitioners sought a court order under ORS 109.324/109.330 allowing the adoption to proceed without mother’s consent, alleging mother willfully neglected A for the year before the petition.
- Trial court held an evidentiary hearing, found mother willfully neglected A, and entered an order that mother’s consent was not required and that the adoption “shall proceed” over her objection.
- Mother appealed that order, challenging the willful‑neglect finding and claiming ineffective assistance of court‑appointed trial counsel.
- The appellate court assessed whether the order was appealable and concluded it lacked subject‑matter jurisdiction because the order was interlocutory and not an appealable judgment or prejudgment order under ORS 19.205.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Appealability of ORS 109.324 order authorizing adoption to proceed without a parent’s consent | Petitioners: the order authorizing the adoption to proceed is final enough to appeal (implicit) | Mother: appealed the order as erroneous (challenging willful‑neglect finding and counsel ineffectiveness) | The order is interlocutory, not a judgment, and not an appealable prejudgment order under ORS 19.205; appeal dismissed for lack of jurisdiction |
| Review of ineffective assistance of counsel claim at appellate stage | Mother: trial counsel was inadequate for failing to present favorable evidence | Petitioners: (not reached) | Court did not reach the merits; advised mother may develop the ineffective‑assistance record in trial court for possible review after final judgment |
Key Cases Cited
- State v. Nix, 356 Or. 768 (appellate courts have independent duty to determine jurisdiction)
- Interstate Roofing, Inc. v. Springville Corp., 347 Or. 144 (statutory definition and form/substance requirements for a judgment)
- Gastineau v. Harris, 121 Or. App. 67 (order under ORS 109.324 authorizing adoption to proceed without consent is interlocutory and not appealable)
- Dept. of Human Services v. T. L., 358 Or. 679 (ineffective‑assistance claims in parental‑rights contexts typically require development of an evidentiary record)
- Zockert v. Fanning, 310 Or. 514 (indigent parents in contested adoptions are entitled to appointed counsel when state action may terminate parental rights)