State ex rel. Juvenile Department v. Ostrer

19 P.3d 980, 172 Or. App. 571, 2001 Ore. App. LEXIS 266
CourtCourt of Appeals of Oregon
DecidedFebruary 28, 2001
Docket9610-830641; CA A108645
StatusPublished
Cited by2 cases

This text of 19 P.3d 980 (State ex rel. Juvenile Department v. Ostrer) 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. Juvenile Department v. Ostrer, 19 P.3d 980, 172 Or. App. 571, 2001 Ore. App. LEXIS 266 (Or. Ct. App. 2001).

Opinion

DEITS, C. J.

Mother appeals the trial court’s judgment terminating her parental rights to her son.1 We review de novo to determine whether clear and convincing evidence supports the petition for termination. We affirm.

Mother, age 24 at the time of trial, is the parent of three daughters, whose ages at that time were six, seven, and eight. Mother’s son (child), who is the subject of this petition for termination of parental rights, was three years old at the time of trial. The three daughters are the children of mother’s first husband, Coombs. Mother separated from Coombs when she was 18 or 19, because he was physically and emotionally abusing her in front of the children. Father and mother were married in 1994. They separated shortly thereafter, and mother began a relationship with another man, Brown. During that relationship, mother abused alcohol and drugs and was physically abused by Brown. At that time, mother’s three daughters were cared for by a friend. She was unable to care for the children because of her drug problems. The daughters were eventually removed from mother’s care by the State of Washington.

Mother became pregnant with child during her relationship with Brown. By her own admission, she continued to use drugs and alcohol during the first five months of that pregnancy. The daughters were returned to mother’s care after she signed a service agreement with the State of Washington. Mother and her daughters then moved back to Portland, where she reunited with father. Father acted as a parent to mother’s three daughters. Although father initially wanted mother to have an abortion, he eventually agreed to take responsibility for child. Child was bom in February 1996. Mother testified that father was emotionally and physically abusive to her after child’s birth and that he frequently spanked her three daughters, which concerned her.

[574]*574Child first came to the attention of the State Offices for Services to Children and Families (SCF) on October 21, 1996, on a referral from Oregon Health Sciences University (OHSU). At that time, child was admitted to OHSU for what was believed to be a nonaccidental head injury. Mother told the doctors at OHSU that, on October 15, child had been walking along the back of a couch and hit his head when he fell onto a carpeted floor. Mother said that when she picked him up, he began vomiting. The vomiting continued, and she eventually took child to the emergency room at Kaiser Hospital. Mother was told by the staff at Kaiser that it was normal for vomiting to occur after a head injury. She was given instructions on how to care for a head injury and sent home. Apparently, mother took child back to the Kaiser emergency room several times after that because of his continuing symptoms. On October 20, child was seen by Dr. Cohen at Kaiser. He performed a CT scan on child and then sent him by ambulance to OHSU, because of his concerns about the injury and the possibility of inflicted trauma.

Child was first examined at OHSU by Dr. Lorenz, a pediatrician affiliated with CARES Northwest, who was experienced in evaluating children for sexual and physical abuse. An MRI performed at OHSU revealed a subdural hematoma. Lorenz testified that the amount of force necessary to result in a subdural hematoma is substantial and that child’s injury was not consistent with the fall that mother described. Child was also seen at this time by an opthalmologist who found that child had retinal hemorrhages. The opthalmologist testified that these hemorrhages would have resulted from a significant injury and are “almost pathognomonic of child abuse.” Based on all of the above information, Lorenz concluded that child’s injuries were the result of non-accidental trauma.

Lorenz also testified about her interaction with mother and father at the hospital. She said that, when she talked with them about the need to keep child in the hospital for observation, father became extremely hostile, belligerent, and uncooperative. When mother tried to calm father, Lorenz stated that father said that his child had not suffered a severe injury and that he did not want to leave his son in the hospital for observation. A police officer, Heimbach, and an SCF [575]*575protective worker, Pierson, came to OHSU to investigate the hospital’s report that a small child had been admitted with unexplained head injuries. Mother told Heimbach about child’s fall and his symptoms. She said that she and father were the child’s only caretakers for the last ten days and that, on October 13, father had been home alone with child. Father continued to be hostile and defensive during his interviews with Heimbach and Pierson. He refused to talk about what occurred during the times that he cared for child. Heimbach placed child in protective custody at that time because of his concern that father would remove child from the hospital. SCF then filed a petition alleging that child was within the court’s jurisdiction based on an allegation that his parents were unable to explain his nonaccidental injuries. The juvenile court gave SCF temporary custody of child on October 23,1996, and child was placed in medical foster care.

In June 1997, mother and father stipulated in the juvenile court that child was diagnosed with a subdural hematoma, that the injury occurred while child was in their care and that there was some evidence that this injury was the result of nonaccidental trauma. Based on the stipulation, child was made a ward of the juvenile court and placed in the custody of SCF. Mother and father were ordered to complete parenting classes, undergo psychological evaluations, enroll in anger management classes and follow up on other services recommended for them.

After the June hearing, parents began parenting classes. The caseworker assigned to this case at the time, Loosli, testified that the case was designated as a “red flag” case because of child’s injuries. He explained that “red flag” cases are reviewed by staff members who are trained in assessing high-risk cases to allow the development of plans that will decrease the risks to a child. The SCF staff members who evaluated the case in June were concerned about the risks to child due to mother’s substance abuse and anger problems, father’s inappropriate use of discipline, and the severity of child’s injuries when he was eight months old. Despite these concerns, the staff developed a plan to return child to parents’ home. The transition plan was developed to attempt to “bridge the gap between mother and SCF with the hope of increasing mother’s cooperation with the services [576]*576being provided her.” The plan included intensive in-home parent training services.

Child was returned to parents’ home on September 2, 1997. After child’s return to the home, Loosli continued to monitor child’s circumstances. He made home visits and had frequent contact with Nakada, the parent counselor from Volunteers of America (VOA) initially assigned to assist father with his parenting skills, because the counselor frequently visited the home. Loosli found the home to be reasonably clean and orderly and said that mother was cooperative. He testified that father was routinely hostile and aggressive toward him and did not want Loosli to meet with mother alone. Loosli said that child’s behavior during the visits was often aggressive, violent, and destructive and that mother had trouble controlling child.

In November 1997, Loosli met alone with mother for the first time. She told him that she and father were having marital problems and that she was thinking of leaving him.

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Related

In Re Adoption/Guardianship of Victor A.
872 A.2d 662 (Court of Appeals of Maryland, 2005)
State Ex Rel. Juvenile Department v. Thanh-Hoa Thi Nguyen
48 P.3d 864 (Court of Appeals of Oregon, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
19 P.3d 980, 172 Or. App. 571, 2001 Ore. App. LEXIS 266, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-juvenile-department-v-ostrer-orctapp-2001.