Termination upon finding of unfitness
Source:
Section 419B.504 — Termination upon finding of unfitness, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.
Notes of Decisions
Under former similar statute
Upon raising objection to admission of voluminous Children’s Services Division file on mother, mother had duty to inform court with particularity which portions of document were inadmissible. State ex rel Juvenile Department v. Robinson, 31 Or App 1097, 572 P2d 336 (1977), Sup Ct review denied
Evidence of parental conduct or of conditions seriously detrimental to child is not limited to time prior to initial hearing. State ex rel Juvenile Department v. Robinson, 31 Or App 1097, 572 P2d 336 (1977), Sup Ct review denied
Termination requires some present inadequacy as parent and cannot be based solely on prognosis of future inadequacy. State ex rel Juvenile Department v. Wyatt, 34 Or App 793, 579 P2d 889 (1978), Sup Ct review denied
Where petition is based on mental illness of parent, judge must find, based upon evidence from qualified psychotherapist, that mental illness is probably permanent and that condition will probably render parent incapable of caring for child for extended period of time. State ex rel Juv. Dept. v. Habas, 299 Or 177, 700 P2d 225 (1985)
Because words “any child” are used regarding abusive, cruel or sexual conduct, danger to child can be proven by instances of such conduct toward others. State ex rel Juv. Dept. v. Miglioretto, 88 Or App 126, 744 P2d 298 (1987)
Where parent is in foster care, state has no obligation to provide full-time surrogate parenting through mutual foster care. State ex rel Juv. Dept. v. Scott, 100 Or App 172, 785 P2d 779 (1990)
In general
Whether conduct or condition of parent renders parent unfit depends on detrimental effect on child at time of termination hearing. State ex rel State Office for Services to Children and Families v. Stillman, 333 Or 135, 36 P3d 490 (2001)
Court must determine parent to be unfit before proceeding to consider whether integration of child into home is improbable within reasonable time due to conduct or conditions not likely to change. State ex rel State Office for Services to Children and Families v. Stillman, 333 Or 135, 36 P3d 490 (2001)
Fitness of parent is determined based on combined effect of established conduct and conditions on child. State ex rel State Office for Services to Children and Families v. Mellor, 181 Or App 468, 47 P3d 19 (2002), Sup Ct review denied
Past failure of parent to establish relationship with child does not, by itself, make parent presently unfit. State ex rel Department of Human Services v. Rardin, 340 Or 436, 134 P3d 940 (2006)
Fact that Department of Human Services has found parent to be unfit under this section does not provide presumption or preference for termination of parental rights under ORS 419B.500. Dept. of Human Services v. T.M.D., 365 Or. 143, 442 P3d 1100 (2019)
Law Review Citations
Under former similar statute
8 WLJ 284 (1972)
In general
35 WLR 797 (1999)
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