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Grounds for Termination of Parental Rights Oregon

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Statute: 419B.500; 502; 504; 506; 508

Circumstances That Are Grounds for Termination


Abandonment or Extreme Parental Disinterest

Abuse/Neglect

Mental Illness or Deficiency

Alcohol or Drug Induced Incapacity

Failure of Reasonable Efforts

Abuse/Neglect or Loss of Rights of Another Child

Sexual Abuse

Failure to Maintain Contact

Failure to Provide Support

Child's Best Interest

Felony assault of child or sibling

Murder/Manslaughter of sibling child

Circumstances That Are Not Grounds for Termination

Felony Conviction/Incarceration

Failure to Establish Paternity

Child Judged in Need of Services/Dependent

Child in care 15 of 22 months (or less)

Full Text of Statute

Or. Rev. Stat. Ann. 419B.500 (WESTLAW through Or. 2003 Legis. Serv., Ch. 396)


The parental rights of the parents of a ward may be terminated as provided by law only upon a petition filed by the State or the ward for the purpose of freeing the ward for adoption if the court finds it is in the best interest of the ward. If an Indian child is involved, the
termination of parental rights must be in
compliance with the Indian Child Welfare Act. The
rights of one parent may be terminated without
affecting the rights of the other parent.

Or. Rev. Stat. Ann. 419B.502 (WESTLAW through Or. 2003 Legis. Serv., Ch. 396)

The rights of the parent or parents may be terminated if the court finds that the parent or parents are unfit by reason of a single or recurrent incident of extreme conduct toward any child. In such case, no efforts need to be made by available social agencies to help the parent adjust the conduct in order to make it possible for the child or ward to safely return home within a reasonable amount of time. In determining extreme conduct, the court shall consider the following:

Rape, sodomy, or sex abuse of any child by the parent;

Intentional starvation or torture of any child by the parent;

Abuse or neglect by the parent of any child
resulting in death or serious physical injury;

Conduct by the parent to aid or abet another
person who, by abuse or neglect, caused the death
of any child;

Conduct by the parent to attempt, solicit, or
conspire to cause the death of any child;

Previous involuntary termination of the parent's
rights to another child if the conditions giving
rise to the previous action have not been
ameliorated;

Conduct by the parent that knowingly exposes any
child of the parent to the storage or production
of methamphetamines from precursors. In
determining whether extreme conduct exists under
this subsection, the court shall consider the
extent of the child or ward's exposure and the
potential harm to the physical health of the
child or ward.

Or. Rev. Stat. Ann. 419B.504 (WESTLAW through Or. 2003 Legis. Serv., Ch. 396)

The rights of the parent or parents may be terminated if the court finds that the parent or parents are unfit by reason of conduct or condition seriously detrimental to the child or ward and integration of the child or ward into the home of the parent or parents is improbable within a reasonable time due to conduct or conditions not likely to change. In determining such conduct and conditions, the court shall consider, but is not limited to, the following:

Emotional illness, mental illness, or mental deficiency of the parent of such nature and duration as to render the parent incapable of providing proper care for the child or ward for extended periods of time;

Conduct toward any child of an abusive, cruel, or
sexual nature;

Addictive or habitual use of intoxicating liquors
or controlled substances to the extent that parental ability has been substantially impaired
Physical neglect of the child or ward;

Lack of effort of the parent to adjust the circumstances of the parent, conduct, or conditions to make it possible for the child or ward to safely return home within a reasonable time or failure of the parent to effect a lasting adjustment after reasonable efforts by available social agencies for such extended duration of time that it appears reasonable that no lasting adjustment can be effected;

Criminal conduct that impairs the parent's ability to provide adequate care for the child or ward.

Or. Rev. Stat. Ann. 419B.506 (WESTLAW through Or. 2003 Legis. Serv., Ch. 396)

The rights of the parent or parents may be terminated if the court finds that the parent or parents have failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the child or ward for 6 months prior to the filing of a petition. In determining such failure or neglect, the court shall disregard any incidental or minimal expression of concern or support and shall consider but not be limited to one or more of the following:

Failure to provide care or pay a reasonable portion of substitute physical care and maintenance if custody is lodged with others;
Failure to maintain regular visitation or other contact with the child or ward that was designed and implemented in a plan to reunite the child or ward with the parent;

Failure to contact or communicate with the child or ward or with the custodian of the child or ward. In making this determination, the court may disregard incidental visitations, communications, or contributions.

Or. Rev. Stat. Ann. 419B.508 (WESTLAW through Or. 2003 Legis. Serv., Ch. 396)

The rights of the parent or parents may be terminated if the court finds that the parent or parents have abandoned the child or ward or the child or ward was left under circumstances such that the identity of the parent or parents of the child or ward was unknown and could not be ascertained, despite diligent searching, and the parent or parents have not come forward to claim the child or ward within 3 months following the finding of the child or ward.
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