Dept. of Human Services v. TCA, 240 Or. App. 769

DHS petitioned to terminate mother's parental rights to AA and AF under ORS 419B.504 after children were removed in 2008 for marijuana cultivation and drug-related concerns.
Mother admitted to marijuana use and later heroin use; she completed treatment but relapsed, with experts predicting potential parenting readiness in six to 18 months.
Children, AA (born 2000) and AF (born 2007), were in foster care with mother's aunt, and AA showed attachment to grandmother as a future adoptive placement; AF had educational delays but improved in foster care.
At hearings, multiple experts evaluated mother's prognosis; some encouraged ongoing treatment and monitoring, others warned of relapse risks and need for long-term supports.
The juvenile court terminated parental rights; on de novo review, the court reversed the termination and remanded, finding DHS failed to prove integration into mother's home would be improbable within a reasonable time.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was integration of the children into mother's home improbable within a reasonable time due to conduct unlikely to change?	DHS argues mother's substance abuse rendered integration unlikely within a reasonable time.	Mother contends a six-to-18 month window was reasonable and her sobriety plan could enable reunification.	Not proven; insufficient evidence that six-to-18 month delay would be imprudent for reunification.
Did the record establish evidence about the children’s needs and the impact of a delay on those needs?	DHS asserts delay would harm children due to prolonged instability.	Mother and experts argue potential for stable parenting within time and that children were thriving in foster care temporarily.	Record lacked clear and convincing evidence on how delay would affect each child’s emotional/developmental needs.
Should the court terminate despite lack of strong proof that delay is unreasonable?	DHS contends termination is warranted based on unfitness and patterns of substance use.	Mother argues termination was improper where there is a reasonable chance of reunification with sustained sobriety.	Reversed and remanded; termination reversed due to insufficient proof of improbability.

State ex rel. SOSCF v. Stillman, 333 Or. 135 (2001) (framework for termination inquiries—integration must be improbable within a reasonable time due to unchangeable conduct or conditions)