Dep’t of Hum. Servs. v. J.E.D.V.

“The test for parental unfitness focuses on ‘the detrimental effect of the parent’s conduct or condition on the child, not just the seriousness of the parent’s conduct or condition in the abstract.'” State ex rel SOSCF v. Stillman, 333 Or. 135, 146 (2001).

Department of Human Services (DHS) and three children appealed dismissal with prejudice of petition to terminate Mother’s parental rights. DHS assigned error to the dismissal and the denials of its motion for mistrial and motion to allow remote testimony. DHS argued that Mother’s mental health condition was the basis for all other conditions that made her unfit to parent the children. “The test for parental unfitness focuses on ‘the detrimental effect of the parent’s conduct or condition on the child, not just the seriousness of the parent’s conduct or condition in the abstract.’” State ex rel SOSCF v. Stillman, 333 Or. 135, 146 (2001). In its de novo review, the Court found that Mother’s conduct toward DHS, and at times toward the children, was “immature, oppositional, and reactive.” The Court reasoned that while the presence of these qualities meant Mother needed further mental health treatment, Mother was at the “required minimally adequate level” of parental capacity. The Court found although Mother and the children were estranged at the start of the proceedings, Mother consistently attended visits and showed increased interest in both individual and parent-child interactive therapy. The Court reasoned that neither hostile communications between Mother and DHS nor the strained relationship with her children was sufficient to show Mother was unfit to parent her children. The Court concluded that DHS failed to show by clear and convincing evidence Mother’s parental rights should be terminated. Affirmed.