Dept. of Human Services v. D.E.P.

Termination of parental rights must be shown by clear and convincing evidence that it is highly probable that doing so is in the best interest of the child. Dept. of Human Services v. T.L.M.H., 294 Or. App. 749, 750 (2018).

Mother appealed a decision by the juvenile court to terminate her parental rights to her child. She assigned error to the juvenile court’s determination that termination was in the child’s best interest. She argued that there was insufficient evidence to conclude that a permanent guardianship could not be employed. The Department of Human Services responded that termination was in the best interest of the child and that a permanent guardianship would not provide permanency for the child and that Mother would disrupt any effort to establish guardianship. Termination of parental rights must be shown by clear and convincing evidence that it is highly probable that doing so is in the best interest of the child. Dept. of Human Services v. T.L.M.H., 294 Or. App. 749, 750 (2018). The Court found that termination was not in the best interest of the child and refused to terminate Mother’s parental rights. The Court reasoned that a permanent guardianship could provide the child permanency and the level of stability needed for the child to develop, while also ensuring a continuing relationship between the mother and child. The Court refused to accept the juvenile court’s finding that permanency can only be achieved through termination of the Mother’s rights. Reversed.