Consent of parent with mental illness or intellectual disability
- consent of imprisoned parent
Source:
Section 109.322 — Consent of parent with mental illness or intellectual disability; consent of imprisoned parent, https://www.oregonlegislature.gov/bills_laws/ors/ors109.html
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Notes of Decisions
Authority of court to conduct show cause hearing does not deny due process or equal protection rights of imprisoned parent who refuses to consent to adoption. F. v. C., 24 Or App 601, 547 P2d 175 (1976)
Where trial court ordered father’s waiver of consent to adoption without first allowing him to present his defense in opposition to adoption, father was denied his right, under this section, to be heard. Anderson v. Crouse, 83 Or App 216, 730 P2d 1275 (1986)
This section was not impliedly repealed by enactment of ORS 137.275 which abolishes “civil death.” Stursa v. Kyle, 99 Or App 236, 782 P2d 158 (1989)
This section is not penal and does not violate Article I, section 15 of Oregon Constitution. Stursa v. Kyle, 99 Or App 236, 782 P2d 158 (1989)
Privileges and immunities provision of Oregon Constitution requires that indigent parent whose rights are being terminated be afforded assistance of counsel in contested adoption proceeding. Hunt v. Weiss, 169 Or App 317, 8 P3d 990 (2000)
Where parent incarcerated for more than three years refuses to consent to adoption, court must find proof of additional statutory ground for termination of parent’s rights before court may proceed to consideration of best interest of child. Moran v. Weldon, 184 Or App 269, 57 P3d 898 (2002), Sup Ct review denied
Three-year incarceration period served prior to filing of adoption petition may include time prior to birth of child. Daniel v. Naylor, 192 Or App 1, 84 P3d 819 (2004)