State ex rel. Department of Human Services v. Seale

142 P.3d 520, 207 Or. App. 607, 2006 Ore. App. LEXIS 1349
CourtCourt of Appeals of Oregon
DecidedSeptember 6, 2006
Docket98502J, 98503J, 98504J, and 98505J; A130704
StatusPublished

This text of 142 P.3d 520 (State ex rel. Department of Human Services v. Seale) 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. Seale, 142 P.3d 520, 207 Or. App. 607, 2006 Ore. App. LEXIS 1349 (Or. Ct. App. 2006).

Opinion

ORTEGA, P. J.

Father appeals from a juvenile court judgment terminating his parental rights to his four sons: R, J, A, and P. Father acknowledges that, because of mental deficiencies arising from a serious head injury, he cannot provide proper care for the children and that his condition is unlikely to change. However, he contends that, instead of terminating his parental rights, the juvenile court should have ordered that the children remain in their foster care setting and have supervised contact with him. We review de novo, ORS 419A.200(6)(b), and affirm.

We begin with a brief chronology of the family history before turning to a more detailed examination of the record. R was born in 1991; J, in 1994; A, in 1996; and P, in 1998. In November 1998, the children were taken into the custody of the Department of Human Services (DHS)1 following reports of violence by father. The children were initially placed with mother, but, in January 2000, they were moved to foster care after DHS received reports of domestic violence. Eventually, mother and father separated permanently. Father had supervised visits with the children beginning in July 2000 and ending about a year later. In July 2002, father had an accident resulting in severe head injuries and continuing medical and mental conditions. The trial concerning the termination of father’s parental rights took place in September 2005. Mother relinquished her parental rights and is not a party to this appeal.

With that overview in mind, we turn to a more detailed examination of the facts, beginning with the family history and then turning to evidence regarding the children’s emotional health. This examination is necessary to explain our conclusions regarding father’s present unfitness, in the face of his arguments that he no longer presents a danger to the children; to address why his current condition presents a serious detriment to the children; and to explain why termination is in their best interests.

[610]*610Mother met father when she was “[a]lmost 15,” and they began a sexual relationship when she “[p]robably was 16” and father was 22. They began living together two years later, after their oldest son, R, was born, and lived together for eight or nine years. Father was abusive to mother, striking, choking, and punching her on numerous occasions. Once he knocked out mother’s teeth, and she now wears false teeth as a result. On another occasion, mother returned home from work and asked father how his day was; he “freaked out” and threw her down, fracturing her ribs. Once he threw a large television set at her. Father not only called mother vulgar names but also told R when he was quite young to call mother “a bitch and a whore.” Father also forced mother to have sex with him when he was drunk. When asked how often father got drunk, mother stated that originally “it didn’t seem like it was that much. But as the years went by it was constantly.”2

According to mother, all of the children were present during incidents of domestic violence, but R, being the oldest, was most aware of the violence. R once called the police because of father’s violence toward mother. Mother obtained restraining orders against father, but the orders were ineffective. She explained, “There were times I was dumb enough to let him back and times that he would take my windows out of my apartment and just break in.” Mother testified that, since the end of their relationship, she has moved repeatedly and has taken precautions against the possibility that father might locate her.

Mother testified that father also was abusive toward the children. Because she worked while father was home with the children, she did not personally observe the incidents, but she testified that the children have since told her about such abuse, including father’s grabbing R’s neck and [611]*611squeezing. Father, for his part, insists that he was never violent toward the children, and father’s parents, James and Monica,3 testified to their belief that father and the children got along well and that the children do not fear father. According to Monica, father was not abusive toward the children but, in fact, was too lax in disciplining them.

Father acknowledged that there had been “violence around” the children but denied that there had been “[v]iolence to them[.]” When asked if he had beaten mother in the children’s presence, father replied, “No, not in front of them. There was that one incident where I smacked her on the butt, you know, that’s — that’s that one incident. But I’ve never pummeled her, you know, like manhandled her, like you would a man in front of the children, no.” Like the juvenile court, we do not find father’s denials of domestic violence credible. Indeed, father acknowledged that he had been convicted of felony assault for domestic violence against mother in the presence of the oldest child. Actually, father had two such convictions, one in 1996 and one in 1998.

In November 1998, McGory, then a DHS intake worker, received a referral regarding the children. He interviewed J and R separately. J, then four years old, had a cut on his ankle, which he reported was caused by his father spanking him with a belt that had a nail in it. R, then seven, likewise reported that he had seen father spank J with a belt the previous evening and that, indeed, father singled J out for more spankings than the rest of the children. R also reported that he had seen father knock out mother’s teeth and pull a gun on her. When McGory spoke with father about the children’s reports, father denied living with the family and spanking the children with a belt. However, R, J, and the apartment manager all independently confirmed that father was living with mother and the children. Father’s probation officer took him into custody, and the children were left in mother’s care.

[612]*612DHS then filed a petition for juvenile court jurisdiction. After a shelter hearing, the juvenile court ordered that the children be temporarily committed to DHS custody; that they be placed with mother, subject to conditions; and that father have visitation only as authorized and supervised by DHS. In January 1999, the juvenile court took jurisdiction over the children.

In September 1999, the juvenile court again ordered that father visit the children only as authorized and supervised by DHS. However, in January 2000, R’s teacher reported to DHS that R had told her that father had returned to the family home, although he was not supposed to be there, and that he had choked mother. A DHS caseworker, Wharfield, spoke with R, who reported that father had grabbed mother around the neck and thrown her outside. J, in a separate interview, gave the same report and also described an incident when father tried to spank him with a belt. When Wharfield and McGory went to mother’s home, mother admitted that father was there, and the caseworkers removed the children from mother’s care.

At first the children were placed in a nonrelative foster home, but three months later they were placed with their maternal grandmother.4 Grandmother testified that, when the children first came to live with her, they were “really upset.” The children expressed a desire to have weapons, particularly knives.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State Ex Rel. Department of Human Services v. Rardin
134 P.3d 940 (Oregon Supreme Court, 2006)
State ex rel. Department of Human Services v. Smith
106 P.3d 627 (Oregon Supreme Court, 2005)

Cite This Page — Counsel Stack

Bluebook (online)
142 P.3d 520, 207 Or. App. 607, 2006 Ore. App. LEXIS 1349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-human-services-v-seale-orctapp-2006.