State Ex Rel. Department of Human Services v. A. T.

196 P.3d 73, 223 Or. App. 574, 2008 Ore. App. LEXIS 1650
CourtCourt of Appeals of Oregon
DecidedNovember 5, 2008
Docket05490J; 05490J03; A137955
StatusPublished
Cited by1 cases

This text of 196 P.3d 73 (State Ex Rel. Department of Human Services v. A. T.) 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. T., 196 P.3d 73, 223 Or. App. 574, 2008 Ore. App. LEXIS 1650 (Or. Ct. App. 2008).

Opinion

*576 WOLLHEIM, P. J.

The Department of Human Services (DHS) appeals a judgment that denied its petition to terminate father’s parental rights to his child, N. DHS contends that termination is in the best interest of N because of the combination of father’s drug addiction and history of domestic violence, as well as N’s needs for permanency and stability. On de novo review, we agree with DHS and reverse the judgment.

Father, by his own admission, has an extensive history of drug abuse. He became addicted to marijuana at the age of 11 or 12, and soon began abusing other drugs. At age 18, father was seriously injured in an accident and became addicted to the pain reliever OxyContin. He began buying opiate-derived drugs on the street and obtained anything that he could to satisfy his addiction.

During that period of addiction, father’s first child, T, was born. Father lived with T’s mother in Alaska until T was approximately one year old. When T was seven months old, father “came home high” on methadone and Klonopin and, in father’s words, “grabbed [T] and laid him on the floor, and passed out. And [T’s mother] got up — I don’t know what happened or what, but I threw her onto the couch * * As a result of that incident, father was convicted of committing assault in the presence of a child. 1 Shortly after the incident, T’s mother left father because of his drug addiction.

Father continued to visit T and T’s mother. Then father began a relationship with L. At the time, L had one child, G, who was approximately eight months old. After that relationship began, T’s mother denied father visitation with T. Father has not seen T since 2001 or 2002.

N, the focus of this termination proceeding, was bom in May 2003. Father and L are N’s parents. In May 2003, father was addicted to methamphetamine, which he smoked on a daily basis. Father was also addicted to cocaine, and was injecting both drugs. L also was abusing drugs. After N was *577 born, both parents stopped using drugs for a while. Father, however, injured his hand and once again became addicted to pain medication. According to father, his addiction “got so bad, that all [he and L] were doing was drugs, and that’s all [he] would go to work for basically and spend [his] money on * * Father and L’s life in Alaska was also marred by domestic violence. Father testified that his relationship with L was “rocky the whole time,” and that he had pushed her down and held her down at times. In July 2004, L petitioned for a protective order against father on the grounds that father had physically threatened her, entered her home without permission, and stolen money. The petition was denied when neither party appeared for the hearing.

Father, L, and the two children left Alaska sometime in 2004 and headed south toward Seattle. They settled briefly in Tukwila, Washington, and, for a short time, father and L avoided drugs. But, in father’s words,

“[W]e realized that we moved into the heart of the drugs in Tukwila * * * and we just looked over our shoulder in our neighboring houses were drug dealers, so that’s where it got really, really bad. Started using IVs, started doing real heroin, started doing speed, amphetamines, cocaine.”

Father did not work during that time, and the family lived off an inheritance that L had received.

Father and L’s six months in Tukwila also involved threats of violence and domestic violence. The threat of violence occurred after father sold “some bunk stuff’ to someone who later returned to his home while the children were asleep and “threatened to rape [L], threatened [his] family.” In March 2005, father was charged with assaulting L, and the court issued a no-contact order. After he was released from jail, and despite the no-contact order, father, L, and the two children left Tukwila and moved to Eugene.

Within two or three weeks of arriving in Eugene, father resumed using drugs. By June 2005, the family was staying at a shelter in Eugene. Both father and L were abusing drugs, and their behavior was erratic. They argued loudly in front of their children and in front of other families at the *578 shelter. Staff from the shelter testified that father was verbally abusive toward G. On more than one occasion, staff attempted to intervene with regard to father and L’s drug abuse, and the parents were ultimately evicted from the shelter after testing positive for drug use.

On July 21, 2005, Eugene police officers responded to a report of a domestic disturbance at a church parking lot where father, L, and the children were living in a small trailer that was messy and “smelled like garbage.” One of the officers interviewed L, who had two half-inch scratches on her right forearm, as well as redness on her neck. As father attempted to flee, he was arrested. According to father, he had confronted L about her “new boyfriend,” and the confrontation escalated into a physical altercation. Father was jailed following his arrest and was indicted on domestic violence charges. He pleaded guilty to coercion, felony assault in the fourth degree, strangulation, and menacing. Father was sentenced to 18 months in prison.

In August 2005, the children were interviewed by a DHS intake worker. G disclosed that he had seen multiple incidents of domestic violence, including father’s assault that resulted in his arrest. DHS filed a petition for dependency jurisdiction over G and N. In October 2005, the petition was granted, and the juvenile court took jurisdiction over both children. At that time, N was about two and one-half years old.

While in foster care, both children — and especially G — displayed troubling behavior. G, for example, was exceptionally aggressive and violent, smeared feces on the wall, and chewed through the side of a wooden bed. N’s difficulties were considerably less severe. She was diagnosed with an adjustment disorder with anxiety in temporary remission, and she initially suffered from night terrors in which she would cry out and behave hysterically in bed. She also was more hyperactive than the typical child her age and demonstrated delayed speech, but she made significant progress during her time in foster care. 2 Day, a caseworker who worked with N and G, testified that N exhibited poor boundaries with strangers, which is typical of children with chaotic *579 or unstructured backgrounds. The caseworker also testified that both children would benefit from a “very structured home” with predictable routines, and that the children struggled with uncertainty.

While father was incarcerated, he did not have any contact with the children. He did, however, make efforts toward treating his substance abuse. In June 2006, father completed an assessment for a treatment program while he was at a forest work camp. After he was diagnosed with cannabis dependence, opioid dependence, amphetamine dependence, and cocaine dependence, father embarked on a treatment program. During the time that he was in treatment at the work camp, father made “steady progress toward meeting his treatment goals and objectives * * *.”

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Related

Department of Human Services v. T. M. M.
273 P.3d 322 (Court of Appeals of Oregon, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
196 P.3d 73, 223 Or. App. 574, 2008 Ore. App. LEXIS 1650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-human-services-v-a-t-orctapp-2008.