DHS v. T.L.M.H

Under ORS 419B.500, “the applicable standard of proof is the clear-and-convincing-evidence standard,” to which must show “that it is highly probable that termination of mother’s parental rights is in [the child’s] best interest.” Dept. of Human Services v. M. P.-P., 272 Or App 502, (2015).

Mother appealed juvenile court judgment terminating her parental rights. Mother assigned error to the court’s finding that she was unfit to parent under ORS 419B.504 and that termination was in the best interests for B under ORS 419B.500. On appeal, Mother argued that the determination that termination was not in the best interests for B due to his strong attachments to the Mother. In response, DHS argued that termination was in the best interest due to the requirement of child attaining permanency. Under ORS 419B.500, “the applicable standard of proof is the clear-and-convincing-evidence standard,” to which must show “that it is highly probable that termination of mother’s parental rights is in [the child’s] best interest.” Dept. of Human Services v. M. P.-P., 272 Or App 502, (2015). The Court held that the clear and convincing standard for termination was not met due to evidence of a strong attachment between mother and child and lack of viability of other potential permanent arrangements for the child. Reversed and remanded.