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

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 10-20-2021
  • Case #: A175284
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Shorr, J.; & Powers, J.
  • Full Text Opinion

The determination to terminate parental rights under ORS 419B.500 is focused on the needs of the child. Dept. of Human Services v. T. M. D., 365 Or 143, 166, 442 P3d 1100 (2019).

Mother appealed from a juvenile court judgment that terminated her parental rights to her daughter. Mother had a history of “co-occurring substance abuse disorders and major depressive disorder” that “cause her to become emotionally dysregulated, out of touch with reality, and neglectful of her children’s needs.” On appeal, mother did not challenge the juvenile court’s conclusion that she is unfit but, rather, argued only that “DHS failed to prove that termination is in [the child’s] best interests.” The determination to terminate parental rights under ORS 419B.500 is focused on the needs of the child. Dept. of Human Services v. T. M. D., 365 Or 143, 166, 442 P3d 1100 (2019). The court held that the record demonstrated “mother’s unregulated behavior negatively impacts [the child], resulting in [the child] functioning in a parental role centering on mother’s needs in a way that is unhealthy for [child].” The court agreed with the juvenile court that termination of mother’s parental rights was in the child’s best interest. Affirmed.

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