Dept. of Human Services v. T.M.D.

“Where a parent is unable or unwilling to rehabilitate himself or herself within a reasonable time * * * the best interests of the child(ren) generally will require termination of that parent’s parental rights.” State ex rel Juv. Dept v. Geist, 310 Or. 176, 189, 796 P.2d 1193 (1990).

The Department of Human Services (DHS) appealed a judgment dismissing its petition to terminate mother’s parental rights under ORS 419B.500 to 419B.524. DHS argued that once the court found that DHS had established that mother was unfit and that integration into her home within a reasonable time would be improbable, termination of mother’s parental rights became the default outcome. In response, mother argued that there is no presumption that termination of her parental rights would be in the child’s best interests and such a presumption would unlawfully shift the burden of proof by requiring mother to prove that termination is not in the child’s best interest. Mother further argued that the evidence fails to establish that termination – rather than a less permanent option, such as guardianship – is in the child’s best interest. “Where a parent is unable or unwilling to rehabilitate himself or herself within a reasonable time * * * the best interests of the child(ren) generally will require termination of that parent’s parental rights.” State ex rel Juv. Dept v. Geist, 310 Or. 176, 189, 796 P.2d 1193 (1990). The Court of Appeals found that given child’s pressing need for permanency, and the harm appears likely if permanency is further delayed, DHS had established that there were grounds to terminate mother’s parental rights and that it was in child’s best interests to be freed for adoption. Reversed and remanded.