State ex rel. Department of Human Services v. A. L. S.

209 P.3d 817, 228 Or. App. 700, 2009 Ore. App. LEXIS 739
CourtCourt of Appeals of Oregon
DecidedMay 27, 2009
Docket7432J; A139698
StatusPublished
Cited by4 cases

This text of 209 P.3d 817 (State ex rel. Department of Human Services v. A. L. S.) 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
State ex rel. Department of Human Services v. A. L. S., 209 P.3d 817, 228 Or. App. 700, 2009 Ore. App. LEXIS 739 (Or. Ct. App. 2009).

Opinion

ORTEGA, J.

Mother appeals a judgment terminating her parental rights to her now five-year-old daughter on the ground that she is an unfit parent. ORS 419B.504. Because child has no legal father, only mother’s parental rights are at issue. On appeal, mother and the Department of Human Services (DHS) disagree about whether mother, who has a long history of substance abuse with periods of sobriety, has adequately resolved her problems with substance abuse despite evidence that she consumed alcohol on four occasions shortly after participating in treatment for the eighth time. We review de novo, State ex rel Juv. Dept. v. J. L. M., 220 Or App 93, 95, 184 P3d 1203, rev den, 345 Or 158 (2008), and, for the reasons that follow, affirm.

We begin with a brief overview of the pertinent facts. Mother, who was 23 at the time of the hearing, has abused drugs and alcohol since she was eight. Since 1997, mother has participated in at least eight substance abuse treatment programs and, after intermittent periods of recovery, has relapsed on numerous occasions. As pertinent here, a 2006 psychological evaluation diagnosed mother with polysub-stance dependence, major depression, and post-traumatic stress disorder. Mother was evaluated by two psychologists in 2008. Although both agreed that mother no longer suffered from depression or post-traumatic stress disorder and that she continued to suffer from polysubstance dependence, they disagreed about whether her condition was in remission.

Child had spent over half of her life in foster care by the time of the April 2008 termination hearing. She was born in October 2003 and was first removed from mother’s care in September 2004, one month shy of her first birthday. Two months later, child was returned to mother’s care and remained with mother until November 2005, when, at age two, she was again removed. Child was returned to mother again around the time of her third birthday in October 2006 and lived with mother for two months before being removed again. Child has been in foster care since January 2007. Each of the three times she was removed from mother’s care, she was moved to the same foster family (cousins of mother’s), but, because that family ultimately was not able to be an [703]*703adoptive placement for child, child experienced an additional placement change to her current foster family (also relatives of mother’s) in March 2007.

In June 2007, mother was jailed following repeated probation violations. During her incarceration, mother completed substance abuse treatment and, as confirmed by several urinalyses, did not use drugs during the year preceding the hearing in this matter. However, weeks after completing treatment and being released from jail in October 2007, mother consumed alcohol “four or five times” and, on the last occasion, did so to the point of intoxication.

We now turn to a more detailed examination of the facts. Because mother characterizes her recent one-year abstinence from drug use as a significant break from her previous history, we examine mother’s history of drug and alcohol use and her efforts to treat that addiction. We then discuss mother’s psychological evaluations and child’s condition and needs.

I. HISTORY

A. Mother’s history of drug and alcohol use and treatment

Mother, who was born in 1984, began using marijuana at age eight and, by the time she was 12, was also using methamphetamine and alcohol. Mother’s initial use of methamphetamine was limited to three occasions in 1996, but she began using it again two years later at age 14. In the meantime, she continued to use other drugs and, in 1997, at age 13, she entered an outpatient drug treatment program, her first occasion of treatment. Her drug use continued even as she participated in the program and, ultimately, she did not complete treatment. By July 2000, she was using approximately one gram of methamphetamine per day.

At that time, mother, who was then 15 years old, was in the custody of the Oregon Youth Authority because of truancy and delinquency matters relating to her drug use. At mother’s request, her juvenile probation officer placed her in a residential treatment program (her second attempt at treatment and first instance of residential treatment) and, after she successfully completed that program in February 2001, she entered aftercare treatment at Renaissance Recovery [704]*704Resources, Inc. At that time, mother’s support network included her father and stepmother, her residential treatment counselor, and her sponsor. When mother was discharged from Renaissance in June 2001, her counselors rated her prognosis as “excellent,” primarily because of mother’s high motivation and her immersion in the local 12-step community.

Mother abstained from drug and alcohol use for nearly two years after that second treatment attempt— but, by January 2003, she was again using marijuana and alcohol. In June 2003, four months before child was born, mother’s juvenile probation officer referred her to Renaissance for a third attempt at treatment as a final condition of her probation. Mother was not enthused about being in treatment, but was willing to “deal with it” in order to end her probation. During her intake interview, mother revealed that she was entering her sixth month of pregnancy and that, despite having stopped using alcohol since learning of her pregnancy, she had used marijuana in the previous two days. Mother reported that she primarily used marijuana when she was “stressed out” or “depressed.” Mother reported that her friends and family supported her efforts to remain sober and that, as part of her relapse-prevention efforts, she attended church and participated in various Narcotics Anonymous (NA) activities.

Child was born in October 2003, one month before mother completed her third round of treatment (the second at Renaissance). At discharge, mother had been clean and sober for 90 days, and her discharge summary rated mother’s prognosis as “fair.”

In June 2004, after approximately 10 months of sobriety, mother relapsed and began using marijuana. According to mother, her use was “sporadic,” and she estimated that she used marijuana three to five times between June and mid-September 2004.

DHS became involved with the family in September 2004 after mother and child were treated for injuries sustained in a car accident. Although mother told hospital staff that she had fallen asleep at the wheel, they became concerned after mother’s toxicology screen tested positive for marijuana and methamphetamine. They called DHS after [705]*705mother took child, who was being evaluated for possible eye damage, from the hospital against medical advice. A DHS caseworker took child into protective custody and placed her with one of mother’s cousins.

During a meeting with the caseworker the following day, mother acknowledged that she had used marijuana on the day of the accident but denied having used methamphetamine, though she admitted having done so several days earlier. In the resulting case plan, mother agreed to undergo a drug and alcohol assessment and to follow through with any treatment recommendations based on that assessment. The assessment noted that mother used marijuana to cope with depression and with other life stressors.

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Department of Human Services v. K. K. M.
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Cite This Page — Counsel Stack

Bluebook (online)
209 P.3d 817, 228 Or. App. 700, 2009 Ore. App. LEXIS 739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-human-services-v-a-l-s-orctapp-2009.