T. G. W. v. B. J. V.

Under ORS 109.324, willful neglect looks at the failure of parent to maintain substantial expressions of concern which show that the parent has a "deliberate, intentional, and good faith interest in maintaining a parent-child relationship” with the relevant further inquiry being whether there is “just and sufficient cause” that excuses the parent’s neglect. Eder v. West, 312 Or 244 (1991). C. R. H. v. B. F., 343 Or 690 (2007).

Birth father appealed a judgment that allowed his two children to be adopted without his consent. Birth father assigned error to the trial court’s finding that he willfully neglected, and failed to provide proper care and maintenance for the child the year preceding the filing of the petition for adoption. On appeal, birth father argued that the petitioner’s proof was inadequate to prove he willfully neglected his children and that there was insufficient cause. In response, petitioner argued that there was sufficient and good cause and that the trial court did not err. Under ORS 109.324, willful neglect looks at the failure of parent to maintain substantial expressions of concern which show that the parent has a deliberate, intentional, and good faith interest in maintaining a parent-child relationship” with the relevant further inquiry being whether there is “just and sufficient cause” that excuses the parent’s neglect. Eder v. West, 312 Or 244 (1991); C. R. H. v. B. F., 343 Or 690 (2007). The Court held that there was willful neglect and not just and sufficient cause to excuse it because there was “no court order or term of post-prison supervision, or any other legal prohibition on his contact with the children” and was able to communicate with other people during that time. Affirmed.