State ex rel. Juvenile Department v. Zinzer

533 P.2d 355, 20 Or. App. 688, 1975 Ore. App. LEXIS 1698
CourtCourt of Appeals of Oregon
DecidedMarch 31, 1975
DocketNo. 7483; No. 7474
StatusPublished
Cited by6 cases

This text of 533 P.2d 355 (State ex rel. Juvenile Department v. Zinzer) 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. Zinzer, 533 P.2d 355, 20 Or. App. 688, 1975 Ore. App. LEXIS 1698 (Or. Ct. App. 1975).

Opinion

FOLEY, J.

On May 22, 1974, petitions were filed in the Circuit Court of Clackamas County, Juvenile Department, seeking termination of the parental rights of Eugene and Jeannie Zinzer to the child Phillip Zinzer and of Jeannie Zinzer to the child Michael Paulson. After hearing, the petitions were dismissed. The Juvenile Department of Clackamas County appeals. ORS 419.561.

Our review of these cases is conducted in the same manner as an appeal in an equity suit, ORS 419.561(4), which means a de novo review upon the record, ORS 19.125(3).

The primary statute regarding the grounds for termination of parental rights is ORS 419.523, which provides in pertinent part:

“(1) The parental rights of the parents of a child within the jurisdiction of the juvenile court [690]*690* * * may be terminated as provided in this section * * .
“(2) The rights of the parent or parents may be terminated * * * if the court finds that the parent or parents are unfit by reason of conduct or condition seriously detrimental to the child and integration of the child into the home of the parent or parents is improbable in the forseeable [sic] future due to conduct or conditions not likely to change. In determining such conduct and conditions, the court shall consider but is not limited to the following:
“(a) Emotional illness, mental illness or mental deficiency of the parent of such duration as to render it impossible to care for the child for extended periods of time.
“(d) Physical neglect of the child.
“(e) Lack of effort of the parent to adjust his circumstances, conduct, or conditions to make the return of the child possible or failure of the parent to effect a lasting adjustment after reasonable efforts by available social agencies for such extended duration of time that it appears reasonable that no lasting adjustment can be effected.
“(3) The rights of the parent or parents may be terminated * * * if the court finds that the parent or parents have failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the child for one year prior to the filing of a petition. In determining such failure or neglect, the court shall consider but is not limited to one or more of the following:
“(b) Failure to maintain regular visitation or other contact with the child which was designed and implemented in a plan to reunite the child with the parent.
“* * * * (Emphasis supplied.)

[691]*691The basis for termination “must be established by a preponderance of competent evidence.” ORS 419.525(2). We now review the record.

Phillip Zinzer (Phillip) is now six years old and Michael Paulson (Michael) is now seven years old. Mrs. Zinzer is the mother of both Phillip and Michael; Mr. Zinzer is the father of Phillip and the stepfather of Michael. Mrs. Zinzer testified she does not know who is the father of Michael. In 1971 a health department official reported that the Zinzers were living in a trailer without water and electricity, that the home was maintained in a filthy condition, and that the children were not adequately clothed. In August 1971 an order was issued that the children be placed under the temporary care, placement, and supervision of the Children’s Services Division (CSD) pending an investigation. At the time Phillip and Michael were picked up, a CSD foster-care worker noticed animal feces on the ground in the area of the home and food left out on the table; he found Michael with Mrs. Zinzer by an animal pen, and Phillip was found asleep in an outdoor toilet. In November 1971 Michael and Phillip were declared wards of the juvenile court and they have been under the legal care of CSD ever since.

The Zinzer’s circumstances have not changed significantly between the time Michael and Phillip were first placed in the custody of CSD and the time of the hearing on the petitions to terminate parental rights. Shortly before the hearing the Zinzers were living with Mrs. Zinzer’s mother in a trailer house. At one time there were six people housed in the trailer. Garbage was piled up at the trader house and the scene was described by a foster-care worker as “extremely nauseating.”

[692]*692The Zinzers had at least two addresses by July of 1974 and had six different addresses in 1973. They moved often because Mrs. Zinzer’s mother was always moving and the Zinzers moved with her. For three weeks prior to the hearing Mr. Zinzer worked at junking cars, making about $50 the last week. For eight months prior to that he worked at trailer maintenance for about $300 a month but he quit because he thought his paycheck deductions were too large. The Zinzers have had marital problems and were separated at least once.

The Zinzers were examined twice by Dr. Russell Sardo, a clinical psychologist, and, at their request, were examined once by Dr. Marvin Greenbaum, a clinical psychologist. The evaluations of both doctors were fairly consistent. Mr. Zinzer was described as being essentially asocial and as having a personality pattern disorder called dissocial sociopathy. Dr. Sardo testified as to Mr. Zinzer’s background and ability to understand and deal with children:

“* # * I saw Mr. Zinzer as a man who seemed to be quite lacking in judgment, showing almost no understanding whatsoever of the needs of young children.
“He appeared to be an individual who had been unable to sustain a relative responsibility of a constant way of life both in the period in which I had experience with him and in his past history.”

Dr. Sardo’s testimony was not contradicted—and was in fact supplemented—by the testimony of Dr. Greenbaum who was called as a witness by the Zinzers.

Mrs. Zinzer is a very limited woman. Dr. Sardo testified:

“A. * * # * *
[693]*693“It was my feeling that she is sustained primarily by Mr. Zinzer. That Mrs. Zinzer is a woman who lacks the capacity to function as an individual and will have to * * * function mainly on support of someone else. This is provided by Mr. Zinzer.
“* * * [On tests which were administered] Mrs. Zinzer scored in the lowest one-third which would place her [functioning] somewhere in the lower part of the educable retarded range * * *.
“Her typical responses seemed to he very flat without any indication of warmth or response of emotion.

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Related

State ex rel. Juvenile Department v. East
589 P.2d 744 (Court of Appeals of Oregon, 1979)
State ex rel. Juvenile Department v. Barkley
571 P.2d 571 (Court of Appeals of Oregon, 1977)
State ex rel. Juvenile Department v. Dubell
559 P.2d 1302 (Court of Appeals of Oregon, 1977)
State ex rel. Juvenile Department v. Eggleston
543 P.2d 313 (Court of Appeals of Oregon, 1975)
STATE EX REL. JUV DEPT, CLACKAMAS CTY. v. Gonzalez
533 P.2d 1382 (Court of Appeals of Oregon, 1975)
STATE EX REL. JUV. DEPT., CLACKAMAS CITY. v. Zinzer
533 P.2d 355 (Court of Appeals of Oregon, 1975)

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Bluebook (online)
533 P.2d 355, 20 Or. App. 688, 1975 Ore. App. LEXIS 1698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-juvenile-department-v-zinzer-orctapp-1975.