Dept. of Human Services v. L. P.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 05-22-2024
  • Case #: A182318
  • Judge(s)/Court Below: Hellman, J. for the court; Tookey, P.J.; & Kistler, J.
  • Full Text Opinion

ORS 419B.500 requires that parental rights be terminated when clear and convincing evidence shows the parent is unfit, and termination is in the best interests of the child.

Father appealed the juvenile court’s decision to terminate his parental rights to his two children. The Department of Human Services (DHS) argued termination of father’s parental rights was in the children’s best interests because father was unfit to parent. Father argued the juvenile court erred in finding him unfit and its determination that termination was in the best interests of the children because he participated in some services and ended his relationship with the children’s mother. In the alternative, father argued a permanent guardianship was in the children’s best interests because of racial and cultural issues. DHS asserted clear and convincing evidence demonstrated that the father lacked the necessary parenting skills and a guardianship arrangement would face ongoing disruption. ORS 419B.500 requires clear and convincing evidence that termination of parental rights is in the best interests of the child. The Court held the father was unfit to parent and clear and convincing evidence illustrated termination was in the children’s best interests.  AFFIRMED.

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