State ex rel. Children’s Services Division v. Brady case brief
summary
899 P.2d 691 (1995)
CASE FACTS
The child was born prematurely and suffered severe medical problems that required that she remain hospitalized after birth. The mother was of low average intelligence and was in an abusive relationship with the child's father. The hospital contacted the Division after its staff had to intervene in an altercation between the parents. The child was placed in foster care and the mother was allowed to visit. The trial court terminated the mother's rights on petition by the Division on the grounds that the mother's condition prevented her from caring for the child and would continue to do so in the foreseeable future. The mother appealed.
DISCUSSION
The court reversed the judgment of the trial court that terminated the mother's parental rights to her child.
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899 P.2d 691 (1995)
CASE SYNOPSIS
Appellant mother sought review of the
judgment of the Circuit Court, Lane County (Oregon), which terminated
her parental rights to her special needs child at the request of
respondent Children's Services Division. At issue was whether the
Division had met its burden under Or. Rev. Stat. § 419B.504 of
proving that the mentally impaired mother was, and would be in the
future, unable to meet the child's physical and emotional needs.CASE FACTS
The child was born prematurely and suffered severe medical problems that required that she remain hospitalized after birth. The mother was of low average intelligence and was in an abusive relationship with the child's father. The hospital contacted the Division after its staff had to intervene in an altercation between the parents. The child was placed in foster care and the mother was allowed to visit. The trial court terminated the mother's rights on petition by the Division on the grounds that the mother's condition prevented her from caring for the child and would continue to do so in the foreseeable future. The mother appealed.
DISCUSSION
- The court noted that the Division had relied almost exclusively on two psychological evaluations of the mother to show her present and future incapacity and that the reports were 10 months and 16 months old at the time of trial.
- The court found also that one of the evaluators could not render an opinion as to the mother's ability at the time of trial or in the future.
- The court noted the mother's diligence in visiting her child, playing with her, and in taking parenting classes and concluded that the Division had not met its burden under § 419B.504.
The court reversed the judgment of the trial court that terminated the mother's parental rights to her child.
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