Dept. of Human Services v. L. K. C. M. ( 2024 )

610 October 23, 2024 No. 751
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
In the Matter of A. R. A. S.-F., aka A. R. S. F.,
a Child.
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Respondent,
v.
L. K. C. M.,
aka L. C. M., aka L. C., aka L. M.,
Appellant.
Multnomah County Circuit Court
23JU03721;
Petition Number
T2023110;
A183924
Morgan Wren Long, Judge.
Submitted September 11, 2024.
Shannon Storey, Chief Defender, Juvenile Appellate
Section, and Tiffany Keast, Deputy Public Defender, Office
of Oregon Public Defense Commission, filed the briefs for
appellant.
Ellen F. Rosenblum, Attorney General, Benjamin
Gutman, Solicitor General, and Inge D. Wells, Assistant
Attorney General, filed the brief for respondent.
Before Mooney, Presiding Judge, Lagesen, Chief Judge,
and Hellman, Judge.
MOONEY, P. J.
Affirmed.
Nonprecedential Memo Op: 335 Or App 610 (2024) 611
MOONEY, P. J.
Mother appeals a judgment terminating her paren-
tal rights to her two-year-old daughter, A. The juvenile
court determined that termination of mother’s rights was
warranted under ORS 419B.504 (unfitness). On appeal,
mother argues that the Department of Human Services
(DHS) failed to prove that her mental health conditions,
post-traumatic stress disorder (PTSD) and a delusional dis-
order, were seriously detrimental to A, making termination
improper. Mother also argues that DHS failed to prove that
termination is in A’s best interest, making termination of
her parental rights improper.
Our review is de novo, subject to a clear and convinc-
ing evidence standard of proof. Dept. of Human Services v.
T. L. M. H., 294 Or App 749, 750, 432 P3d 1186 (2018), rev den,
365 Or 556 (2019). We, thus, examine the record with “fresh
eyes” and assess whether the evidence persuades us that it
is “highly probable” that mother is unfit by reason of the con-
duct or conditions, as alleged by DHS, that are seriously det-
rimental to A, Dept. of Human Services v. R. K., 271 Or App
83, 88-89, 351 P3d 68, rev den, 357 Or 640 (2015), and that
termination of mother’s parental rights is in A’s best inter-
est. T. L. M. H., 294 Or App at 750. Having conducted that
review, we are persuaded, by clear and convincing evidence,
that it is improbable that A can be integrated into moth-
er’s home within a reasonable time. That is particularly so
given the profound nature of mother’s delusional disorder
that renders her unable to provide safe and proper care to
A, as evidenced by specific examples of mother’s actions that
are reflected in the record. We are persuaded that it is in
A’s best interest to terminate mother’s parental rights. We
affirm the judgment of termination under ORS 419B.504.
Affirmed.