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

20 P.3d 210, 172 Or. App. 584, 2001 Ore. App. LEXIS 264
CourtCourt of Appeals of Oregon
DecidedFebruary 28, 2001
Docket95004003; CA A108746
StatusPublished
Cited by1 cases

This text of 20 P.3d 210 (State ex rel. State Office for Services to Children & Families v. Lehtonen) 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. Lehtonen, 20 P.3d 210, 172 Or. App. 584, 2001 Ore. App. LEXIS 264 (Or. Ct. App. 2001).

Opinion

DEITS, C. J.

Mother appeals from a judgment terminating her parental rights to her daughter (child), who was five years old at the time of trial. ORS 419B.500. On de novo review, ORS 419A.200(5); ORS 19.415(3), we hold that the State Office for Services to Children and Families (SCF) proved by clear and convincing evidence that mother’s conduct or condition has been seriously detrimental to child, that child’s integration into mother’s home is improbable within a reasonable time, and that it is in child’s best interests for mother’s parental rights to be terminated. ORS 419B.504. Accordingly, we affirm.

Mother is a 49-year-old divorced Army veteran.1 She suffers from alcoholism and bipolar disorder. Mother and child first came to the attention of SCF in October 1994 when child was about four months old. A protective services worker received information that mother was consuming large quantities of alcohol and breast-feeding child. Mother admitted to her doctor that she was drinking. However, a home visit by the protective services worker failed to find any evidence of mother’s excessive drinking and no further action was taken. In April 1995, mother was involved in a motor vehicle accident and was arrested for driving under the influence of intoxicants (DUII). Her blood-alcohol level at the time of arrest was .268, more than three times the legal limit. Child was in the car at the time of the accident and was placed in the temporary custody of SCF. Following her arrest for DUII, mother completed a 28-day inpatient treatment program at the Veterans Affairs Medical Center (VAMC) in Roseburg. Thereafter, mother began outpatient treatment at the Yam-hill County Chemical Dependency program. Child was returned to mother’s custody in August 1995, and, in December of the same year, the temporary custody proceeding was dismissed.

In January 1996, mother was arrested for violating her DUII probation because she was visibly intoxicated when [587]*587a police officer contacted her at home. Child was placed in foster care but was returned to mother’s custody in February 1996 after mother again satisfactorily completed a chemical dependency program. Community complaints about mother’s drinking surfaced in July 1996. At that time, mother’s SCF caseworker and her probation officer discussed returning child to foster care but, instead, on July 15, 1996, mother entered into a service agreement with SCF in which she agreed to maintain sobriety, continue her treatment and not allow father to visit with child unsupervised.2

On August 1, 1996, mother was arrested a second time for DUII. Father and child were both in the car. Child was placed in foster care for the third time. Mother then enrolled in the dual recovery program (for substance abuse and mental health issues) at the VAMC in Portland. VAMC discharged mother to a residential treatment program in Eugene. She successfully completed the program in Eugene and, after that, re-enrolled in treatment for her mental health and substance abuse problems at VAMC in Portland.

Mother was evaluated by psychologist Dr. Sweet in December 1996. Sweet diagnosed alcohol dependence in early full remission, major depression and personality disorder NOS (not otherwise specified) with characteristics of dependent and passive-aggressive personality disorders. Sweet opined that mother’s problems were chronic and unlikely to change in the future. He said that a year and a half of ongoing treatment was necessary before SCF would be able to determine if mother could stabilize in the community. In April 1997, Dr. Elmore of VAMC diagnosed mother as bipolar with a borderline personality disorder and alcohol dependence in early full remission. By July 1997, substance abuse treatment providers at VAMC believed that mother’s prognosis for continued recovery was good because she was continuing with her treatment program. The dual recovery program treatment team concurred and recommended that mother be allowed to resume custody of child. In August 1997, mother regained custody of child.

[588]*588Between August 1997 and August 1998, mother resided in Vancouver, Washington, and was supervised through the State of Washington. Mother was observed with child on various home visits by Shaver, a Washington State caseworker. Shaver testified that on some occasions child appeared well cared for but, at other times, “the house was in chaos. The child was not particularly [well] kept and Mom was having a hard time tracking.” A home study was completed in April 1998. The study found that the placement barely met sufficiency requirements but recommended that child remain with mother under certain conditions, including continuing the VA treatment program and obtaining recommendations from mother’s psychologist and treatment provider that she was able to care for child. In August 1998, the Washington State caseworker recommended that SCF dismiss its case because mother seemed to be doing very well.

However, before the dismissal could be initiated, mother began drinking again and required inpatient detoxification. Child was again removed from mother’s custody. After completing detoxification, mother was hospitalized for psychiatric care. In the fall of 1998, mother entered intensive outpatient treatment through VAMC and also returned to the dual recovery program. Sweet reevaluated mother in January 1999. His diagnosis remained consistent: alcohol dependence and personality disorder NOS; he also concurred with VAMC’s bipolar diagnosis. Sweet said that mother had a high potential for relapse and would require intensive support for an extended period. He recommended at that time that a permanent alternative be found for child, because mother was likely to continue to have relapses and periods of instability.

In February 1999, SCF notified mother that the agency had changed its recommendation from dismissal to adoption. SCF filed a petition to terminate mother’s parental rights in May 1999. Between May 1999 and the time of trial, mother attended supervised visits with child. In June 1999, she completed the Volunteers of America parenting program to which SCF had referred her. At the time of trial, November 1999, mother was reportedly in the final phase of an intensive program at VAMC with six to eight weeks remaining. Mother’s treatment providers believed that she had made [589]*589significant progress, that she seemed more involved in treatment, and that she was more willing to take responsibility for herself and her problems.

The trial court found mother unfit because she: (1) engages in the addictive or habitual use of intoxicating liquors or controlled substances to the extent that parental ability has been substantially impaired; (2) suffers from an emotional illness, mental illness or mental deficiency of such nature and duration as to render her incapable of providing proper care for the child for extended periods of time; and (3) has failed to effect a lasting adjustment after reasonable efforts by available social agencies for such an extended duration of time that it appears reasonable that no lasting adjustment can be effected.

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Related

STATE EX REL. SCF v. Lehtonen
20 P.3d 210 (Court of Appeals of Oregon, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
20 P.3d 210, 172 Or. App. 584, 2001 Ore. App. LEXIS 264, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-state-office-for-services-to-children-families-v-lehtonen-orctapp-2001.