State Ex Rel. State Office for Services to Children & Families v. Ettinger

923 P.2d 1290, 143 Or. App. 418, 1996 Ore. App. LEXIS 1380
CourtCourt of Appeals of Oregon
DecidedSeptember 11, 1996
DocketJV900020B, JV900021B, JV920107A, and JV920108A CA A92055 (Control), CA A92056, CA A92057 and CA A92058
StatusPublished
Cited by7 cases

This text of 923 P.2d 1290 (State Ex Rel. State Office for Services to Children & Families v. Ettinger) 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. State Office for Services to Children & Families v. Ettinger, 923 P.2d 1290, 143 Or. App. 418, 1996 Ore. App. LEXIS 1380 (Or. Ct. App. 1996).

Opinion

*421 DE MUNIZ, J.

The state appeals from a judgment denying termination of mother’s parental rights to her four children. ORS 419B.500. We reverse.

This case presents a tragic example of the legacy of substance abuse that is passed from one generation to the next. Mother was born on April 5, 1970. In 1981, she witnessed her father commit suicide while he was under the influence of alcohol and “downers.” Mother’s own mother tried to kill herself by taking pills with whiskey when mother was nine or 10 years old. At the age of nine, mother began smoking marijuana and progressed to injecting cocaine and methamphetamine by the time she was 12. At 15, she began taking LSD, and at 17, she injected a heroin-cocaine mix. She dropped out of school in the tenth grade.

During much of their lives, mother’s children have been under the juvenile court’s jurisdiction and in the custody of the State Office for Services to Children and Families. Mother had her first child at the age of 17, and her most recent at 21, using drugs during her first three pregnancies. She was diagnosed with a personality disorder as early as 1991, but resisted mental health counseling until 1993.

Mother testified that she has not used drugs since 1989, and that in 1991 she completed a 10-month drug treatment program. By August 1993, she was apparently participating more consistently in drug rehabilitation. In the opinion of various medical and social service professionals, however, mother severely lacks parenting skills. Although occasionally attending workshops and training sessions, she has generally resisted advice in this area.

Mother also has a history of brief relationships with men who are involved in alcohol and drugs and who have mentally or physically abused her. At least one of these men also physically abused her children. At the time of the termination proceedings in December 1995, she was living with David Juarez, an alcoholic who was arrested two months-before for assault on mother and possession of a controlled substance. A month before that, mother entered a domestic *422 violence shelter, claiming that Juarez had hit her. She later claimed to have lied about those allegations.

In the past, mother has also invited into her home other individuals threatening to her physical safety and that of her children — including a woman who heard voices and had hallucinations and a homeless man who later kicked in her window and ran a patrol car into a police officer when he was arrested.

Since 1993, mother has been unable to maintain a stable, consistent residence. Her electricity was shut off in February 1993 due to her financial problems. In early 1994, she was evicted from her apartment and was homeless from April through October of that year. In January 1995, she was “kidnapped” from a camper trailer in Oregon, dropped off near the Canadian border, and hitch-hiked a ride to the TriCities area in southern Washington, where she remained for two weeks without contacting the police, her family or her children. When she did have a home, it was usually with one of the men who abused her.

Mother has few employment skills and little education. She last worked in 1993 for three months as a cocktail waitress. At the time of the termination hearing, she planned to move her children into the three-bedroom trailer she shares with Juarez and his three children, who were ages six, seven and nine at the time. Juarez has been convicted three times of driving under the influence of intoxicants, has attended two treatment programs and continues to drink.

Each of mother’s four children has suffered varying degrees of damage as a result of her behavior and circumstances. Her two oldest children, who were seven and five respectively at the time of the hearing, were both physically abused by mother’s ex-husband and sexually abused in foster care. Both have been diagnosed with emotional disturbances and personality disorders based on their relationship with mother and the chaotic nature of their lives. Both are also in desperate need of a stable home environment that provides a sense of security, predictability and nurturing. Mother’s third child, who was four at the time of the hearing, was born in a Nevada jail and was removed from mother’s care after about two years with her. He has since remained with the *423 same foster family. When the child arrived at the last foster home, he was rigid and withdrawn but eventually began showing affection and enjoying attention. Although he has never received counseling, he does well in school. After visiting his mother, however, he becomes rowdy and aggressive, often breaking and throwing away the gifts she gives him. The youngest child, who was three at the time of the hearing, exhibits similar behavior after mother’s visits. He has been diagnosed as suffering from either an anxiety disorder or a post-traumatic stress disorder, and is also in desperate need of an environment with structure and consistency.

In December 1995, the state filed a petition to terminate mother’s parental rights, on the grounds of unfitness, ORS 419B.504, and neglect, ORS 419B.506. The juvenile court denied the petition, finding that mother had been off drugs since 1989, exhibited good parenting skills with Juarez’s children and maintained a stable home with Juarez. We review the juvenile court’s decision de novo. ORS 419A.200(5); ORS 19.125(3); State ex rel CSD v. Rollins, 136 Or App 7, 9, 900 P2d 1072 (1995), vacated 322 Or 599, 910 P2d 1107, on remand 140 Or App 222, 914 P2d 1094 (1996).

We confine our analysis to ORS 419B.504, the only ground for termination asserted by the state on appeal. ORS 419B.504 provides, in part:

“The rights of the parent or parents may be terminated as provided in ORS 419B.500 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 foreseeable 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:
“(1) Emotional illness, mental illness or mental deficiency of the parent of such nature and duration as to render the parent incapable of providing proper care for the child for extended periods of time.
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Bluebook (online)
923 P.2d 1290, 143 Or. App. 418, 1996 Ore. App. LEXIS 1380, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-state-office-for-services-to-children-families-v-ettinger-orctapp-1996.