State ex rel. State Office for Services to Children & Families v. Frier

28 P.3d 1246, 175 Or. App. 515, 2001 Ore. App. LEXIS 1160
CourtCourt of Appeals of Oregon
DecidedAugust 1, 2001
Docket97-70095A and 97-70095B; A111913
StatusPublished
Cited by2 cases

This text of 28 P.3d 1246 (State ex rel. State Office for Services to Children & Families v. Frier) 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. Frier, 28 P.3d 1246, 175 Or. App. 515, 2001 Ore. App. LEXIS 1160 (Or. Ct. App. 2001).

Opinion

BUSTLER, J.

Mother appeals from a judgment terminating her parental rights to her four-year-old son and her two-year-old daughter. We affirm.

Mother was born in 1970. She was placed in foster care when she was 11. She was returned to her own mother’s home but ran away when she was 13 and supported herself, when she was younger, through prostitution. Mother began using alcohol when she was 10, marijuana when she was 11, and methamphetamine when she was 14. She has continued to use methamphetamine and abuse alcohol throughout much of her life.1

Mother has given birth to five children. Her first child was born in 1989, when mother was 19. Mother gave birth to a second child when she was 22. She was using cocaine at the time and gave birth to that child in a motel room.2 Mother’s second child was bom premature and drug-affected; the State of California removed that child from her care, and a few months later, the child died from respiratory problems. California also took custody of mother’s first child, after which mother returned to Oregon. While mother was in Oregon, California terminated her parental rights to her first child.

In 1994, mother was admitted to Oregon Health Sciences University because of suicidal statements. She was “quite delusional and apparently attending to internal stimuli.” She admitted using methamphetamine, other street drugs, and alcohol. Mother was transferred to Dammasch State Hospital where she was treated for mental illness and substance abuse. In light of her psychological evaluation and her response to certain medications, the discharge summary [518]*518from Dammasch notes that “it is quite possible that she’s suffering from affective disorder, bipolar manic. It is quite obvious that drugs may have aggravated her manic symptoms.” While at Dammasch, mother progressed and was “no longer psychotic and her manic symptoms were well controlled” when she was discharged.

Mother had formed a relationship with one of the patients at Dammasch and was discharged to live with that person’s mother in Corvallis. While in Corvallis, mother continued treatment at Benton County Mental Health for about two years and remained on medication for 17 months. The psychiatrist who treated mother in the county mental health program explained that mother’s problems were “difficult to diagnose” and that the staff had attempted to “determine whether or not this was an alcohol and drug-induced mental state, or if it was a true mental illness.” While mother was being treated for mental health problems, she gave birth on September 12,1995, to her third child, a son. She later gave birth on June 23,1997, to her fourth child, a daughter.

On September 1, 1997, police responded to a call regarding the son, who was found wandering unsupervised several blocks from mother’s apartment. Daughter, two months old at the time, had been left unsupervised in the home. When the police found mother, she was “impaired, disoriented” and appeared to be under the influence. She was smeared with red food coloring on her face and arms, and her “right nostril was * * * very inflamed and red.” Mother later admitted to her caseworker that she had been on methamphetamine, and she pled guilty to one count of child neglect in the second degree. Son and daughter were taken into custody and placed in foster care. Eight days later, mother was arrested for driving under the influence of intoxicants (DUII).

Mother signed a service agreement agreeing to participate in drug and alcohol treatment and to meet with a home health nurse for child development and health care. On November 10, 1997, the children were returned to mother’s custody.3 In May 1998, mother moved to Seaside to be closer [519]*519to her mother and sisters. Because she had not completed the substance abuse and parenting programs that SCF required, the Benton County branch of SCF asked the office in Clatsop County to monitor mother and provide services to her. Clatsop County SCF attempted to do so, but mother did not respond to letters or notes left on her door.

On July 17, 1998, an emergency room physician in Seaside reported to SCF that mother had been admitted to the emergency room after falling off her bike and suffering head injuries that rendered her unconscious. In the emergency room, mother could not describe the evening’s events, she talked to people who did not exist, and her blood alcohol level was more than double the legal limit for drivers. She told the attending physician that she had left her children in the care of someone she had met three days earlier. The physician explained that the person caring for the children called the hospital and “stated his concern that [mother] had been out using crank, which is methamphetamine.” The physician was sufficiently concerned about the well-being of mother and her children that he notified SCF of the incident.

On August 21, 1998, mother was arrested for her second DUII. SCF took the children into custody a second time on September 4,1998, transported them back to Benton County, and placed them in foster care. Mother moved back to Benton County. Under SCF guidance, she entered drug treatment at Linn County Alcohol and Drug Treatment Program and resumed parent training. At SCF’s request, mother completed a comprehensive psychological examination with Dr. David Sweet on December 22, 1998. Sweet diagnosed mother as suffering from substance dependence in early remission, depression, borderline intellectual functioning and borderline personality disorder. When Sweet asked mother what had led to her involvement with SCF, mother replied that “she did not want to incriminate herself’ and that “a lot of things in the files * * * are untrue.” Sweet’s diagnosis noted that the evaluation “may not reveal all of the problems this woman is experiencing” because “[s]he was highly defensive in [the] interview and in testing and might not have revealed information that would be adequate to provide further diagnoses.”

[520]*520During this time, son was referred to the Old Mill Center for counseling because of aggressive and destructive behavior towards himself and others. Son’s counselor at Old Mill Center explained that her goal was to decrease his destructive behavior for his “physical and emotional health” and to prevent the “jeopardiz[ation of] another foster placement.”4 Son’s behavior included self-mutilation,5 throwing tantrums, and hitting other children and adults. He is averse to adult touch, preferring “not to be touched and will ask teachers to not rub his back or touch him.” After the first month of counseling, son’s destructive behavior began to decrease. However, both son’s foster mother and his counselor reported that son regressed to aggressive and self-destructive behavior after mother’s visits.

Daughter is less troubled than son. However, daughter also exhibited disturbances after visits with mother. Mother is often not aware of daughter’s requests—even when asked multiples times—and mother often displays difficulty understanding daughter’s needs. For example, mother failed to change daughter’s diaper during a three-hour visit, even while knowing that she needed changing and after being asked by the observer to do so.

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Cite This Page — Counsel Stack

Bluebook (online)
28 P.3d 1246, 175 Or. App. 515, 2001 Ore. App. LEXIS 1160, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-state-office-for-services-to-children-families-v-frier-orctapp-2001.