Department of Human Services v. C. L. C.

268 P.3d 808, 247 Or. App. 445, 2011 Ore. App. LEXIS 1799
CourtCourt of Appeals of Oregon
DecidedDecember 29, 2011
Docket09170J, 09171J, 09172J; Petition Numbers 09170J02, 09171J02, 09172J02; A147897
StatusPublished
Cited by4 cases

This text of 268 P.3d 808 (Department of Human Services v. C. L. C.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Human Services v. C. L. C., 268 P.3d 808, 247 Or. App. 445, 2011 Ore. App. LEXIS 1799 (Or. Ct. App. 2011).

Opinion

ORTEGA, P. J.

Mother appeals a judgment terminating her parental rights to her three children on the grounds of unfitness, ORS 419B.504. The Department of Human Services (DHS) originally took protective custody of the children after mother admitted that domestic violence and drug abuse occurred in their presence. The two older children were returned after mother participated in drug treatment and other services, but were removed again after mother allowed contact between father1 and the children against DHS’s wishes. At the eventual termination trial, mother contended that she had made progress in addressing the various concerns about her conduct and that no conduct or condition existed at the time of trial that was seriously detrimental to the children. In terminating mother’s parental rights, the trial court noted that much of the evidence that mother had made improvements depended either on mother’s testimony or on her statements to treatment providers; the court disbelieved that evidence because of persistent evidence that mother was untruthful, including lies that she told at trial. Deferring to that credibility finding and based on our own de novo review of all the evidence, we likewise find clear and convincing evidence that mother suffers from mental conditions that are seriously detrimental to the children. Accordingly, we affirm.

I. FACTS

We state the facts as we find them. ORS 19.415(3)(a) (appeals in termination of parental rights cases are reviewed de novo). We begin with a general chronology of the case before discussing in greater detail mother’s mental health and the children’s needs.

A. General Background

Mother’s childhood was traumatic. She was raised by her father and stepmother, both of whom abused drugs, and was subjected to domestic violence and physical abuse [448]*448during her childhood. Her father also sexually abused her for several years, crimes for which he was eventually convicted and incarcerated. Mother was raped as a teenager. Mother’s biological mother committed suicide when mother was a teenager. Mother spent three years in foster care. She began drinking, smoking, and using marijuana and methamphetamine before she turned 14. When she was 15, she ran away from home and took up residence with a 28-year-old man who emotionally abused her. After that relationship ended, she entered into a relationship with a man whom she married after two months. Before they separated six months later, they were involved in two incidents of domestic violence that resulted in police contact.2 In 2002 and 2003, mother was using methamphetamine heavily, and she had a brief relationship that resulted in her pregnancy with her oldest child, KJC, who was born in 2004.

In 2006, mother became involved with father, and their relationship soon involved heavy use of methamphetamine. Father had a lengthy criminal history. Their relationship resulted in the birth of KMC in August 2007 and KJM in July 2008. It was also a relationship filled with domestic violence and drug abuse. While pregnant with KMC, mother obtained a restraining order under the Family Abuse Prevention Act based on allegations that father had threatened to kill her because she refused to abort KMC. Mother voluntarily withdrew the restraining order after KMC was born, and she became pregnant with KJM within weeks of KMC’s birth. Mother used prescription medications throughout her pregnancy with KJM, although she testified that she did not use any illegal drugs during any of her pregnancies. When mother was seven months’ pregnant with KJM, father smashed her foot with a cinder block in pursuit of prescription painkillers. In another instance of drug-seeking behavior, father broke mother’s water during her thirty-fourth week of pregnancy. As a result, KJM was born six weeks premature and spent the first several weeks of his life in intensive care. After KJM’s birth, mother and father regularly used methamphetamine in the presence of the children.

[449]*449In December 2008, mother fraudulently cashed three of her grandmother’s checks. When a warrant issued to arrest mother for second-degree forgery, mother and father fled to Arizona with the children in early February 2009. They returned to Oregon after a couple of weeks, and mother left her children with relatives and turned herself in to the authorities. She was in jail when DHS first became involved with the children.

B. DHS Involvement

DHS took temporary protective custody of the children in early March 2009. Initially, a DHS caseworker received a report that KJM, then eight months old, had been abandoned at a hospital. KJM was hospitalized with acute respiratory distress and mother was in jail after turning herself in on the forgery charges. KJC and KMC were staying with separate relatives, and they were also ill. All three children were behind on immunizations. DHS also received reports that, despite his premature birth and extended stay in intensive care, KJM was not receiving appropriate followup medical care. When contacted by DHS, mother admitted that domestic violence and drug use occurred in the children’s presence. KJC likewise confirmed to DHS that she had witnessed domestic violence. Mother admitted that she currently used drugs and needed inpatient treatment and informed DHS that father had threatened to harm her, the children, and himself and that, despite those threats, mother continually returned to father. DHS also received information that the family’s home had rotting food and trash piled outside, and hypodermic needles were found in areas accessible to the children. The juvenile court entered a judgment of jurisdiction in May 2009.

Mother was released from jail in early March 2009, and she was immediately assessed at a drug treatment program. Mother was convicted of the forgery charges and was again incarcerated in mid-April 2009. She was sentenced to 60 days in jail with credit for time served and three years probation. The court imposed a special condition of probation that mother complete drug and alcohol treatment. Mother remained in custody until the middle of May, when she was [450]*450released to a work-release program, which she completed in early June.

After completing her sentence, mother entered an intensive outpatient drug treatment program. She completed the program in December 2009 and was described by her counselor as a “success story.” She regularly attended group meetings and was open and honest during treatment. Mother was continually subjected to urinalysis tests (UAs) during the treatment program, and all of them were clean.

While she was in treatment, DHS referred mother to the Mutual Home, a transitional living program for mothers in recovery whose children are involved with DHS, which mother then entered in August 2009. DHS also provided mother with referrals for domestic violence classes, individual counseling, and parent training.

Mother graduated from a 12-week parenting program, in which she performed well and was a positive group member. She also participated in parent training with an in-home parent trainer from September 2009 until January 2010.

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Related

Dept. of Human Services v. E. B. H.
327 Or. App. 783 (Court of Appeals of Oregon, 2023)
Dept. of Human Services v. S. M. G.
327 Or. App. 170 (Court of Appeals of Oregon, 2023)
Department of Human Services v. K. M. M.
316 P.3d 379 (Court of Appeals of Oregon, 2013)
In Re Kjc
268 P.3d 808 (Court of Appeals of Oregon, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
268 P.3d 808, 247 Or. App. 445, 2011 Ore. App. LEXIS 1799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-human-services-v-c-l-c-orctapp-2011.