Opinion
A182785
06-05-2024
In the Matter of A. S. M. H., a Child. v. N. M. H., Appellant. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
George W. Kelly fled the brief for appellant. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Kyleigh Gray, 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This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).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 April 3, 2024.
Jackson County Circuit Court 23JU00159; David G. Hoppe, Judge.
George W. Kelly fled the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Kyleigh Gray, Assistant Attorney General, fled the brief for respondent.
Before Aoyagi, Presiding Judge, Joyce, Judge, and Jacquot, Judge.
PER CURIAM
Mother appeals a judgment terminating her parental rights to her child, A. On appeal, mother assigns error to the juvenile court's determination that terminating mother's parental rights is in the child's best interests. We review de novo, ORS 419A200(6), and affirm.
A parent's rights can be terminated only if the court finds that termination is in the child's best interests. ORS 419B.500(1) ("The parental rights of the parents of a ward may be terminated * * * only upon a petition filed * * * for the purpose of freeing the ward for adoption if the court finds it is in the best interests of the ward[.]"). We do not presume that adoption is the best outcome for every child who lacks fit parents; rather, the court must consider the needs and circumstances of the child. Dept. of Human Services v. T. M. D., 365 Or. 143,161-63,166, 442 P.3d 1100 (2019). Termination is appropriate only if the court determines that "the benefits to the child of ending the child's legal relationship with a parent outweigh the risk of harm posed to the child by severing that legal relationship." Dept. of Human Services v. L. M. B., 321 Or.App. 50, 53, 515 P.3d 927 (2022).
Mother argues that termination is not in As best interests because A is bonded to her and adoption is not necessary to achieve permanency. Having reviewed the record, we agree with the juvenile court that termination of mother's parental rights is in As best interests. We are particularly persuaded by the evidence that A and mother have a limited bond and A has a strong need for permanency. Additionally, given the difficult relationship that mother has with the resource parents, a permanent guardianship is not in As best interests. See Dept. of Human Services v. J. S. E. S., 315 Or.App. 242, 245, 501 P.3d 556 (2021), rev den, 369 Or. 209 (2022) (considering that "a permanent guardianship would be difficult to maintain in [the child's] proposed adoptive placement with her current foster parents, given that mother is not on good terms with them and they have valid concerns that she will not respect their boundaries").
Affirmed.