Dept. of Human Services v. L.M.B.

In determining whether terminating a child’s legal relationship with a parent is in the child’s best interest, the following considerations are to be made: (1) the strength of the bond between the parent and child; (2) whether severing that bond will help or harm the child; (3) the benefits to the child of terminating parental rights; and (4) the risk of harm to the child posed by termination. Dept. of Human Services v. T. M. D., 365 Or 143, 163-66 (2019). The burden of proof as to what is in a child’s best interest is clear-and-convincing evidence. Id.

The juvenile court terminated Mother’s parental rights to her daughter, A, who had been living with foster parents for about 2 years since she was 10 months old, determining this was in the child’s best interest. Mother assigns error to the juvenile court’s determination that terminating her parental rights under ORS 419B.500 was in A’s best interest. In determining whether terminating a child’s legal relationship with a parent is in the child’s best interest, the following considerations are to be made: (1) the strength of the bond between the parent and child; (2) whether severing that bond will help or harm the child; (3) the benefits to the child of terminating parental rights; and (4) the risk of harm to the child posed by termination. Dept. of Human Services v. T. M. D., 365 Or 143, 163-66 (2019). The burden of proof as to what is in a child’s best interest is clear-and-convincing evidence. Id. While the evidence is persuasive that it is in A’s best interest to remain long-term with her current caregivers, it also shows A’s bond with her mother and that her caregivers are willing to maintain A’s relationships with her biological family. There is no evidence to prove that severing the legal relationship is necessary to prevent Mother from undermining A’s caregivers’ efforts to provide her with a stable environment. The Court determined the record was not complete enough to determine that it is “highly probable” that the benefits to A of termination outweigh the risks. Reversed and remanded.