State Ex Rel. SOSCF v. Hammons

12 P.3d 983, 170 Or. App. 287
CourtCourt of Appeals of Oregon
DecidedOctober 4, 2000
Docket97-70045 CA A108365
StatusPublished
Cited by11 cases

This text of 12 P.3d 983 (State Ex Rel. SOSCF v. Hammons) 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. SOSCF v. Hammons, 12 P.3d 983, 170 Or. App. 287 (Or. Ct. App. 2000).

Opinion

12 P.3d 983 (2000)
170 Or. App. 287

In the Matter of Rene Deloris Hammons, Jr., a Minor Child.
STATE ex rel. STATE OFFICE FOR SERVICES TO CHILDREN AND FAMILIES, Respondent,
v.
David Doyle HAMMONS, Appellant.

(97-70045; CA A108365)

Court of Appeals of Oregon.

Argued and Submitted June 15, 2000.
Decided October 4, 2000.

*984 George W. Kelly, Eugene, argued the cause and filed the brief for appellant.

Judy Carol Lucas, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before KISTLER, Presiding Judge, and DEITS, Chief Judge, and BREWER, Judge.

BREWER, J.

Father appeals from a judgment terminating his parental rights to his three-year-old daughter. The trial court terminated father's parental rights based on findings of unfitness, ORS 419B.504, neglect, ORS 419B.506, and abandonment, ORS 419B.508. On de novo review, ORS 419A.200(5), we conclude that clear and convincing evidence supports the trial court's determination that father is unfit to parent daughter under ORS 419B.504 and that termination of his parental rights is in the child's best interests. See State ex rel. Juv. Dept. v. Proctor, 167 Or.App. 18, 20, 2 P.3d 405, on recons. 169 Or.App. 606, 10 P.3d 332 (2000). Consequently, we affirm.

Father is 33 years old. He was placed in foster care at age five. In his early teenage years, father began "heavy" use of drugs and alcohol, which continued unabated until 1995. Father dropped out of high school by the eleventh grade. When he was 17 years old he fathered a child whom he has not seen since the child was three. At age 18, father moved from Oregon to California to live with his mother.

Father returned to Oregon in September 1995. He soon met and began dating daughter's mother. At that time, mother was pregnant with another child. Shortly after that child was born in May 1996, the State Office of Services to Children and Families (SCF) removed the child from mother's custody based on concerns that mother was suffering from "serious mental problems."[1] Father and mother were married in June 1996. Shortly thereafter, mother became pregnant with daughter. In the fall of 1996, *985 father lost his job and moved to Arizona without mother in order to find work.

After father obtained work, he asked mother to join him in Arizona. Mother was reluctant to leave Oregon and, over the course of several months, father made repeated unsuccessful attempts to convince her to move to Arizona. In December 1996, father spoke with Cynthia Fellez, the SCF caseworker who was handling mother's case, to discuss his problems with mother. Fellez told father that she was concerned about mother's mental stability and that father needed to play an important role in his unborn child's life. In late December, mother lost her living accommodations because of her role in an altercation; as a result, she became homeless. Father lost contact with mother and telephoned Fellez in January 1997 in an attempt to determine mother's whereabouts. In that conversation, Fellez again encouraged father to return to Eugene so that he could take care of daughter when she was born. In spite of Fellez's concerns, father did not return to Oregon at that time.

Daughter was born in April 1997. In late April, SCF removed daughter from mother's custody because of the pending termination proceeding involving mother's other child. Father did not learn of daughter's birth until he spoke with an SCF caseworker on May 5. Father then left Arizona, but instead of returning to Oregon, went to California to visit his mother. Father returned to Oregon in June, after he was subpoenaed in order to deal with his newborn daughter. Father first visited daughter at SCF's offices on June 18 and, at that time, SCF and father set up a regular visitation schedule consisting of three visits per week. With help from SCF employees, he fed daughter and changed her diapers during those visits.

SCF referred father to Dr. James Ewell for a comprehensive psychological evaluation, which occurred on July 17. Ewell reported father as having "a chaotic and unstable lifestyle" and an "impulsive, simplistic and demanding manner." Ewell diagnosed father with methamphetamine, cocaine, hallucinogen, alcohol and prescription medication dependencies, although father told Ewell that he was no longer using alcohol or any controlled substance. Ewell also concluded that father had "borderline intellectual" function and "antisocial personality disorder with narcissistic features." Ewell opined that father's intellectual limitations would make it difficult for him to "comprehend[ ] his child's emotional needs" and when "combined with other forms of psychological disturbance, the cumulative effect can be debilitating."

Ewell summarized his conclusions as follows:

"I do not believe [father] would be capable of parenting his daughter at a minimally adequate level. In addition to alcohol/drug treatment and parent training, he will require individual psychotherapy and anger management counseling. He also needs career guidance, homemaker skill training and other forms of supportive intervention to help him stabilize. His ability to form and maintain relationships is impaired. At the time of this assessment, his intentions regarding [mother] were somewhat difficult to assess. He had left decisions regarding their future `to God.' He had exclusively negative things to say about her, and in fact seemed to consider her a severe physical threat to his own safety. He would not, however, commit to terminating their relationship. Given his psychological condition, I believe there is a chance he may well reunite with her. In fact, their volatile interactions may continue for some time. Again, [father] is a severely maladjusted person who will require extensive treatment. If he does partner with [mother], this will only exacerbate his problems. The prognosis for change in this case is considered quite poor."

On August 7, the juvenile court entered an order establishing dependency jurisdiction over daughter. Later that month, SCF referred father to Benton County Mental Health for a drug and alcohol evaluation. An outpatient counselor concluded, based entirely on father's self-report, that father did not need drug and alcohol treatment. However, the counselor recommended mental health counseling and, soon after, father began anger management therapy with Dale Cox, a mental health specialist at Benton County *986 Mental Health. SCF also referred father to a 10-week parenting class at Linn Benton Community College, which he began in late August.

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Bluebook (online)
12 P.3d 983, 170 Or. App. 287, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-soscf-v-hammons-orctapp-2000.