Dept. of Human Services v. C. M. S. , 323 Or. App. 306 ( 2022 )


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  •                               306
    This is a nonprecedential memorandum opinion
    pursuant to ORAP 10.30 and may not be cited
    except as provided in ORAP 10.30(1).
    Submitted November 3, affirmed December 14, 2022
    In the Matter of A. R. B.,
    a Child.
    DEPARTMENT OF HUMAN SERVICES,
    Petitioner-Respondent,
    v.
    C. M. S.,
    Appellant.
    Curry County Circuit Court
    21JU05163; A178781
    Cynthia Lynnae Beaman, Judge.
    Aron Perez-Selsky filed the brief for appellant.
    Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
    Solicitor General, and Emily N. Snook, Assistant Attorney
    General, filed the brief for respondent.
    Before Shorr, Presiding Judge, and Mooney, Judge, and
    Pagán, Judge.
    PAGÁN, J.
    Affirmed.
    Nonprecedential Memo Op: 
    323 Or App 306
     (2022)           307
    PAGÁN, J.
    Mother appeals from a judgment terminating her
    parental rights to A. R. B. The juvenile court concluded that
    mother was unfit by reason of a condition seriously detri-
    mental to the child, and that integration of the child into
    the mother’s home was improbable within a reasonable time
    due to a condition not likely to change. See ORS 419B.504.
    More specifically, the court found that mother suffered from
    a mental health condition of such a nature and duration as
    to render her incapable of providing proper care for A. R. B.
    for extended periods of time. The court found that mother
    failed to learn parenting and/or housekeeping skills suffi-
    cient to provide a safe and stable home for A. R. B., and that
    she failed to present a viable plan for the child’s return to
    her care. The court also found that termination of parental
    rights was in the child’s best interests. See ORS 419B.500.
    We have reviewed the record de novo. ORS 19.415(3).
    On de novo review, having examined the evidence in the
    record, we agree with the juvenile court, and make the same
    findings by clear and convincing evidence. ORS 419B.521(1);
    Dept. of Human Services v. T. M. D., 
    365 Or 143
    , 158, 442
    P3d 1100 (2019). We agree with the juvenile court that moth-
    er’s mental health condition is seriously detrimental to the
    child, and her condition is not likely to change, making inte-
    gration of the child into mother’s home improbable within
    a reasonable time. The evidence in the record persuades us
    that it is in the child’s best interests to terminate mother’s
    parental rights and free the child for adoption.
    Affirmed.
    

Document Info

Docket Number: A178781

Citation Numbers: 323 Or. App. 306

Judges: Pagán

Filed Date: 12/14/2022

Precedential Status: Non-Precedential

Modified Date: 10/10/2024