Dept. of Human Services v. W.L.J.-E.

Under ORS 418B.504, a court may terminate parental rights if a parent's conduct or condition is seriously detrimental to the child, and it is improbable that the child will be able to return home within a reasonable time due to the conduct or conditions not likely to change

Father appealed a judgment that terminated his parental rights to his daughter, K, due to a psychological evaluation with a diagnosis of antisocial personality disorder, unspecified neurodevelopmental disorder, persisting drug-induced psychotic disorder, and polysubstance dependence as well as failure to comply with directives of his post-prison supervision, and continued use of methamphetamine. At the termination hearing, the Department of Human Services (DHS) alleged that reunification was not possible within a reasonable time due to Father's mental illness, substance abuse, and failure to acquire necessary parenting skills. On appeal, Father argued that the trial court erred in finding him an unfit parent on the grounds that DHS failed to prove so by clear and convincing evidence and failed to prove that termination of his parental rights were in K's best interest. Under ORS 418B.504, a court may terminate parental rights if a parent's conduct or condition is seriously detrimental to the child, and it is improbable that the child will be able to return home within a reasonable time due to the conduct or conditions not likely to change. The Court agreed with the trial court that due to Father's personality disorder and lack of meaningful progress on his ability to become a fit parent for K, termination of his parental rights was appropriate. Affirmed.