State ex rel. Department of Human Services v. Squiers

126 P.3d 758, 203 Or. App. 774, 2006 Ore. App. LEXIS 44
CourtCourt of Appeals of Oregon
DecidedJanuary 18, 2006
Docket99-520J, 99-521J; A127744
StatusPublished
Cited by22 cases

This text of 126 P.3d 758 (State ex rel. Department of Human Services v. Squiers) 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. Squiers, 126 P.3d 758, 203 Or. App. 774, 2006 Ore. App. LEXIS 44 (Or. Ct. App. 2006).

Opinion

ROSENBLUM, J.

Mother appeals from a judgment terminating her parental rights to two of her children, N and G,1 on the grounds that she is unfit and that she neglected the children. ORS 419B.504; ORS 419B.506. On de novo review, ORS 419A.200(6)(b), we reverse.

We take the facts from the trial court file and the evidence presented at the termination hearing. N and G, who were eight and six years old, respectively, at the time of the termination hearing, have twice been removed from mother’s home and placed in foster care. The first removal was in 1999, and the events leading up to it were as follows. Mother separated from the children’s father in 1997, when she was pregnant with their youngest child, G. The father moved out and began living with a neighbor. The following year, the father was convicted of assaulting that woman’s children. As a condition of his probation, the father was ordered not to have contact with anyone under the age of 18. In 1999, the Department of Human Services (DHS) received a report that the father had been having contact with N and G in mother’s home. A DHS worker went to mother’s home to investigate, and found the father and another man caring for the children. The worker did not remove the children from the home, but warned mother not to allow the father to have contact with the children.

A few months later, DHS received another report that the father was having contact with N and G in mother’s home. A different DHS worker went to mother’s home and, as had the first worker, found the father and another man caring for the children. The worker noted that the home was a mess. The worker removed the children from the home. In the process of doing so, he was unable to find clean diapers or clean clothes.

After the children were removed, mother and DHS agreed that mother would undergo a psychological evaluation. Accordingly, in January 2000, mother was evaluated by [777]*777Dr. Basham. The evaluation revealed that mother had the basic intellectual ability to understand her children’s needs and to use good judgment as a parent. It also revealed that mother had a “considerable potential for denial,” was under-assertive, and showed signs of defensiveness and codependency.

Basham recommended that mother complete a series of parenting classes to improve her awareness of the children’s needs and to teach her effective parenting strategies. He also recommended that, if problems were to arise during mother’s supervised visits with the children, she should participate in either a “hands on” parenting program or a more individualized one that could directly address her interactions with the children. In addition, Basham recommended that mother participate in mental health therapy to work on her low self-esteem and under-assertiveness and to “look particularly close [ly] at the possibility of depression and post traumatic stress disorder.” He also thought that domestic violence counseling might be appropriate if it came to light that mother had been abused. In Basham’s opinion, mother’s ability to follow through on his recommendations and on her own expressed intention of ending her relationship with the father would be the best indicators of whether the children could safely be returned to mother in the near future.

Mother did follow through with Basham’s recommendations. In February 2000, she divorced the father and obtained a restraining order against him. She participated in weekly counseling and made a lot of progress in understanding “who is safe and who isn’t.” She cleaned her home, and DHS determined that it was ready for the children. She kept her appointments with DHS, and her visits with the children were appropriate. She also enrolled in parenting classes at the Relief Nursery, a state-sponsored program offering various family services. The first class was an “interactive play lab” — the type of “hands on” training that Basham had recommended. After the first month of classes, in June 2000, DHS returned the children to mother’s care, although they remained under the jurisdiction of the juvenile court.

After the children were returned to her, mother continued to participate in parenting classes at the Relief [778]*778Nursery, completing six of the seven classes in the “interactive play lab” setting, and attending three more parenting classes in the summer of 2000, and six classes offered in the fall. Mother initially made progress in her parenting skills: she was open to feedback and was applying it correctly. However, her progress slowed over time. She became more resistant to feedback, insisting that she was already doing the things that the interventionist who worked with her recommended. The parent educator at the Relief Nursery felt that mother’s progress was hampered because she was overwhelmed. According to the educator, the children had a lot of special needs and it was difficult for mother to meet those needs regularly. For. example, the children were delayed in their language skills and physical development, which required mother to be “very in tune with their cues, with their language, [and] with their interaction with other peers.” Mother was inconsistent in her attention to the children; she was often distracted by other families and adults in the room and needed to be redirected to pick up on the children’s cues. She also missed safety issues, although she responded appropriately when they were brought to her attention. Mother made little progress “independently practicing goals” and needed constant reminders. She was able to set limits with the children but was unable to follow through with them. The parent educator felt that mother’s biggest problem was that, although she expressed an understanding of the children’s needs, her interactions with the children “demonstrated a very clear misunderstanding of what their needs were.”

Despite those concerns, the staff at the Relief Nursery felt that mother was capable of meeting the children’s needs. In December 2000, they performed a “Family Assessment.” Mother’s scores on the assessment ranged from “generally adequate” to “problems of a moderate nature.” The assessment revealed no problems that would justify again removing the children from their home. In March 2001, the dependency petitions were dismissed on DHS’s recommendation.

Although not required to do so, mother continued to take advantage of services at the Relief Nursery after the [779]*779petitions were dismissed. She enrolled the children in a preschool class designed for at-risk children and signed up for home visits to help with her own parenting skills. The children’s preschool teacher made home visits once a month from November 2001 until the fall of 2002. She continued to work with mother sporadically after that time. At the hearing, the teacher gave a detailed explanation of mother’s difficulties with parenting. According to her, mother had trouble establishing routines, setting limits and boundaries, following through with things like diapering and toilet training, keeping her home clean, supervising the children, and feeding them properly. Even with the parent training, mother continued to struggle with those issues.

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Bluebook (online)
126 P.3d 758, 203 Or. App. 774, 2006 Ore. App. LEXIS 44, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-human-services-v-squiers-orctapp-2006.