Opinion
A183924
10-23-2024
In the Matter of A. R. A. S.-F., aka A. R. S. F., a Child. v. L. K. C. M., aka L. C. M., aka L. C., aka L. M., Appellant. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
Shannon Storey, Chief Defender, Juvenile Appellate Section, and Tiffany Keast, Deputy Public Defender, Offce of Oregon Public Defense Commission, fled the briefs for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Inge D. Wells, Assistant Attorney General, fled the brief for respondent.
This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).
Submitted September 11, 2024.
Multnomah County Circuit Court 23JU03721; Petition Number T2023110 Morgan Wren Long, Judge.
Shannon Storey, Chief Defender, Juvenile Appellate Section, and Tiffany Keast, Deputy Public Defender, Offce of Oregon Public Defense Commission, fled the briefs for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Inge D. Wells, Assistant Attorney General, fled the brief for respondent.
Before Mooney, Presiding Judge, Lagesen, Chief Judge, and Hellman, Judge.
Affrmed.
MOONEY, P. J.
Mother appeals a judgment terminating her parental rights to her two-year-old daughter, A. The juvenile court determined that termination of mother's rights was warranted under ORS 419B.504 (unfitness). On appeal, mother argues that the Department of Human Services (DHS) failed to prove that her mental health conditions, post-traumatic stress disorder (PTSD) and a delusional disorder, were seriously detrimental to A, making termination improper. Mother also argues that DHS failed to prove that termination is in As best interest, making termination of her parental rights improper.
Our review is de novo, subject to a clear and convincing evidence standard of proof. Dept. of Human Services v. T. L. M. H, 294 Or.App. 749, 750,432 P.3d 1186 (2018), rev den, 365 Or. 556 (2019). We, thus, examine the record with "fresh eyes" and assess whether the evidence persuades us that it is "highly probable" that mother is unfit by reason of the conduct or conditions, as alleged by DHS, that are seriously detrimental to A, Dept. of Human Services v. R. K., 271 Or.App. 83, 88-89, 351 P.3d 68, rev den, 357 Or. 640 (2015), and that termination of mother's parental rights is in As best interest. T. L. M. H, 294 Or.App. at 750. Having conducted that review, we are persuaded, by clear and convincing evidence, that it is improbable that A can be integrated into mother's home within a reasonable time. That is particularly so given the profound nature of mother's delusional disorder that renders her unable to provide safe and proper care to A, as evidenced by specific examples of mother's actions that are reflected in the record. We are persuaded that it is in As best interest to terminate mother's parental rights. We affirm the judgment of termination under ORS 419B.504.
Affirmed.