Dept. of Human Services v. A. D. G.

To terminate parental rights under ORS 419B.504, a juvenile court must find, by clear and convincing evidence, that (i) the parent is unfit by reason of conduct or condition seriously detrimental to the child; (ii) that integration of the child into the home of the parent or parents is improbable within a reasonable amount of time due to conduct or conditions not likely to change, and; (iii) that termination is in the child’s best interest.

Shortly after his birth, The Department of Human Services removed “M” from his mother’s care. Mother initially requested that M be placed with her sister, but the sister withdrew her request for certification and M was placed in foster care. Mother appealed the termination of her parental rights and argued that it was in M’s best interests to be placed with the sister. To terminate parental rights under ORS 419B.504, a juvenile court must find, by clear and convincing evidence, that (i) the parent is unfit by reason of conduct or condition seriously detrimental to the child; (ii) that integration of the child into the home of the parent or parents is improbable within a reasonable amount of time due to conduct or conditions not likely to change, and; (iii) that termination is in the child’s best interest. M’s mother conceded that she was unfit by reason of conduct and the Court concluded that integration of M into the mother’s home within a reasonable time was improbable. Furthermore, the Court held that M was at a critical developmental stage and required consistency in his living arrangements. Termination was therefore in M’s best interest. Affirmed.