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

Parental rights may be terminated based on unfitness of a parent due to conduct or condition seriously detrimental to the child under ORS 419B.504 where it is in the best interests of the child under ORS 419B.500.

Father appealed a judgment terminating his parental rights to his children that was based on extreme conduct toward a child (ORS 419B.502) and unfitness by reason of conduct or condition seriously detrimental to the child (ORS 419B.504). On appeal, Father argued the juvenile court erred because the extreme conduct was more than 10 years prior to the termination trial, and by concluding it was improbable the children could be integrated into his home within a reasonable period of time and that termination was in the best interest of his children. Without discussion, the Court held the juvenile court had properly terminated Father’s rights for unfitness based on conduct or condition seriously detrimental to the child and best interest of the children, and so did not consider whether termination was improper due to extreme conduct. Affirmed.