State Ex Rel. Department of Human Services v. Rardin

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that use of present tense in “the parent or parents are unfit,” ORS 419B.504, means that court must consider whether the parent is unfit at time of termination hearing, not whether the parent was unfit at some point in past
• noting that DHS would not permit father to establish a relationship with the child when evaluating whether the father’s conduct was seriously detrimental
• noting that DHS would not permit father to establish a relationship with the child when evaluating whether the father's conduct was seriously detrimental
• explaining that the termination court must first focus on a parent’s unfitness rather than a “lack of a viable plan” because that relates to the second step of the Stillman analysis
• explaining that the legislature’s use of the present required consideration of parent’s fitness at the time of the termination hearing and “not whether a parent was unfit at some time in the past.”
• ORS 419B.504 contains legislative assumption that parents can change their conduct and, if change is genuine and lasting, state may not terminate parental rights on grounds of unfitness

Source: CourtListener parenthetical corpus (CC0).