Dep’t of Hum. Servs. v. N.H.

To terminate a parent’s rights on the basis of unfitness, a court must find, by clear and convincing evidence, that (1) the parent is “unfit by reason of conduct or condition seriously detrimental to the child or ward”; (2) “integration of the child . . . into the home of the parent . . . is improbable within a reasonable time”; and (3) termination is in the child’s best interest. ORS 419B.504; ORS 419B.500. A court cannot consider a parent’s disability alone as a basis to terminate parental rights, but it may consider evidence of a parent’s conduct, even when the conduct is based on or caused by a disability, if that conduct interferes with the parent’s ability to provide proper care for the child for extended periods of time.

Mother’s parental rights to her daughter, S, were terminated after the juvenile court found her unfit to parent. Mother appealed and assigned error to the court’s conclusion, arguing that it “impermissibly focused on [her] intellectual disability” as the basis for its finding. To terminate a parent’s rights on the basis of unfitness, a court must find, by clear and convincing evidence, that (1) the parent is “unfit by reason of conduct or condition seriously detrimental to the child or ward”; (2) “integration of the child . . . into the home of the parent . . . is improbable within a reasonable time”; and (3) termination is in the child’s best interest. ORS 419B.504; ORS 419B.500. A court cannot consider a parent’s disability alone as a basis to terminate parental rights, but it may consider evidence of a parent’s conduct, even when the conduct is based on or caused by a disability, if that conduct interferes with the parent’s ability to provide proper care for the child for extended periods of time. Mother’s testimony and performance during visits and parenting classes supported the conclusion that her mental illness rendered her incapable of adequately providing for S’s special needs resulting from her developmental delays. The juvenile court permissibly concluded Mother was unfit to parent S. Affirmed.