Dept. of Human Services v. T.M.M.

Under ORS 419B.500, the Court’s de novo standard for review of termination cases, “we must be persuaded by the evidence that it is highly probable that termination of mother’s parental rights is in [the children’s] best interest.” Dept. of Human Services v. T.L.M.H., 294 Or App 749, 750 (2018), rev den, 365 Or 556 (2019).

Mother appealed a judgment that terminated her parental rights to two of her children.  On appeal, she argued that termination of her parental rights was not in her children’s best interests because she was sober, receiving mental health treatment while incarcerated and had reestablished beneficial relationships with her children.  Under ORS 419B.500, the Court’s de novo standard for review of termination cases, “we must be persuaded by the evidence that it is highly probable that termination of mother’s parental rights is in [the children’s] best interest.”  Dept. of Human Services v. T.L.M.H., 294 Or App 749, 750 (2018), rev den, 365 Or 556 (2019). The Court found clear and convincing evidence that the termination of parental rights was appropriate because (1) the children were not bonded to their mother, (2) the children were bonded to their caregivers with whom they gained stability and improvement, and (3) witnesses affirmed the necessity of permanence that maintains the children’s attachments.  Thus, the Court held that while the mother made positive gains and the children might benefit from ongoing contact with her, that was insufficient to overcome evidence that termination was in the children’s best interests.  Affirmed.