273 P.3d 322
Or. Ct. App.2012Background
- Mother and father have six children; five (N, C, G, L, W) are the subject of termination; B born during the termination proceedings.
- Mother has a long history of opioid dependence beginning in 2001, with daily use by 2005 and opiate-seeking behavior after moving to Oregon.
- DCS initially returned the children to the family in July 2008, but injuries to children and ongoing concerns led to removal in March 2009.
- The family moved from Indiana to Astoria, Oregon in early 2009; mother continued to seek opioids via emergency rooms and clinics, triggering ongoing DHS involvement.
- Between 2009 and 2010, the record shows interrupted treatment, misrepresentations about recovery, and repeated diagnoses of opiate-seeking behavior; DHS filed amended petitions in 2010 seeking termination of parental rights.
- At the termination trial in December 2010, the court found mother’s conduct and condition seriously detrimental and that reintegration was improbable, terminating rights to N, C, G, L, and W and allowing adoption together.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mother is unfit due to addictive use and opiate dependence | DHS argues ongoing opiate dependence makes mother unfit | Mother argues past treatment success shows potential fitness | Yes; mother’s dependence renders her presently unfit |
| Whether reintegration within a reasonable time is improbable given the children’s needs | DHS contends children's needs for permanency require timely reintegration | Mother contends a reasonable time exists given treatment progress | Yes; reintegration improbable within reasonable time for each child |
| Whether termination is in the best interests of the children | DHS argues termination promotes stability and adoptive placement | Mother argues continued parental rights could aid family reunification | Yes; termination is in the children’s best interests |
Key Cases Cited
- State ex rel. Dept. of Human Services v. A. T., 223 Or.App. 574 (2008) (child-specific evidence essential to unfitness inquiry; integration viewed for each child)
- State ex rel. SOSCF v. Stillman, 333 Or. 135 (2001) (two-part test: parental fitness and improbability of integration within reasonable time)
- Dept. of Human Services v. T.C.A., 240 Or. App. 769 (2011) (record showed lack of evidence on reintegration timing; reversed)