Dep't of Human Servs. v. M. A. H. (In re T. M. H.)

444 P.3d 1109, 297 Or. App. 725
CourtCourt of Appeals of Oregon
DecidedMay 30, 2019
DocketA166378 (Control); A166379; A166380; A166859; A166860; A166861; A166862; A166863; A166864
StatusPublished

This text of 444 P.3d 1109 (Dep't of Human Servs. v. M. A. H. (In re T. M. H.)) 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
Dep't of Human Servs. v. M. A. H. (In re T. M. H.), 444 P.3d 1109, 297 Or. App. 725 (Or. Ct. App. 2019).

Opinion

ORTEGA, P. J.

*729In this consolidated appeal, mother challenges judgments terminating her parental rights to her three children and the denial of her motion to terminate dependency jurisdiction as to the youngest child, A. We conclude that clear and convincing evidence establishes that mother has engaged in conduct and is characterized by conditions that remain seriously detrimental to all three children; that integration of the children into mother's home is improbable within a reasonable *1112time due to conduct or conditions not likely to change; and that termination is in the best interests of each of the children. Accordingly, we affirm the juvenile court's judgments.

By way of overview, the two older children, M (born in 2004) and T (born in 2005), are in foster care for the third time, and A (born in 2013) is in foster care for the second time. The children have been in their current foster placement, with their paternal grandparents, since November 2014, and we have addressed the family's long-running involvement with the Department of Human Services (DHS) on two prior occasions. See Dept. of Human Services v. M. J. H. , 278 Or. App. 607, 609, 375 P.3d 579 (2016), rev. den. , 361 Or. 486, 395 P.3d 870 (2017) (vacating and remanding permanency judgments), and Dept. of Human Services v. M. A. H. , 284 Or. App. 215, 218-19, 391 P.3d 985, rev. den. , 361 Or. 486, 395 P.3d 870 (2017) (concluding that DHS made reasonable efforts to address mother's mental health needs and affirming permanency judgments). In this appeal of the termination judgments, we review the facts de novo , ORS 19.415(3)(a), and we recount the facts only as necessary to give context to our ruling, beginning with a summary of the procedural history for context.

I. FACTS

Mother and father had a relationship characterized by domestic violence, substance abuse, and child neglect that resulted in the removal of M and T from their care in 2010 and removal of all three children in 2013. M. J. H. , 278 Or. App. at 609, 375 P.3d 579. They were returned to parents' care for a second time in April or May of 2014. Id . In October of that *730year, M contacted his aunt with concerns that mother was using drugs and, the following month, DHS again removed the children from mother's care and placed them in foster care with grandparents, where they have remained for the intervening years. Id. at 609-10, 375 P.3d 579.

In January 2015, as a consequence of that last removal from mother's care, the juvenile court took jurisdiction "based on the risk of harm created by mother's criminal activities, lack of parenting skills, substance abuse, and her practice of leaving the children with unsafe care providers." M. A. H. , 284 Or. App. at 218-19, 391 P.3d 985. In June 2015, DHS filed new dependency petitions, additionally alleging that "mother has mental health issues that interfere with her ability to safely parent her children." Id. at 219, 391 P.3d 985. The cases were not consolidated and proceeded on separate tracks, resulting in termination judgments on one of the tracks in June 2016, id. , while permanency judgments for the other cases were being appealed and were ultimately reversed. M. J. H. , 278 Or. App. at 614, 375 P.3d 579. As a result of that reversal, the juvenile court set aside the 2016 termination judgments and consolidated the two tracks of dependency cases. At a second termination trial, mother moved to dismiss jurisdiction and wardship as to all three children; the juvenile court denied those motions and entered judgments of termination.1

Mother has a long history of using drugs, neglecting the children's physical and medical needs, keeping the children in filthy living conditions, and being involved in violent relationships. She also has been physically violent with the children and has mental health issues. She made some progress in addressing some of these issues in the year before trial but did not exhibit good understanding of how her past behavior has affected the children and still endangers them.

Mother's history of substance abuse dates back as early as 2000.

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Bluebook (online)
444 P.3d 1109, 297 Or. App. 725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dept-of-human-servs-v-m-a-h-in-re-t-m-h-orctapp-2019.