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Oregon Revised Statutes

Or. Rev. Stat. § 419B.500 (2026)

Termination of parental rights generally

✓ current as of May 2026
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      419B.500 Termination of parental rights generally. (1) The parental rights of the parents of a ward may be terminated as provided in this section and ORS 419B.502 to 419B.524, 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 interests of the ward and, if the ward is an Indian child, that the parents’ continued custody of the Indian child, as described in ORS 419B.606, is likely to result in serious emotional or physical harm to the ward. The rights of one parent may be terminated without affecting the rights of the other parent.

      (2) Upon the filing of a petition to terminate parental rights, the court shall make a finding, subject to the procedures under ORS 419B.636 (4), regarding whether there is reason to know that the ward is an Indian child. [1993 c.33 §138; 1993 c.546 §56; 1997 c.873 §6; 2003 c.396 §83; 2011 c.438 §5; 2020 s.s.1 c.14 §48; 2021 c.398 §62]

Notes of Decisions
Cited in 249 cases (91 in the last 5 years), 1995–2026 · leading case: Dept. of Human Servs. v. M. H., 473 P.3d 1152 (Or. Ct. App. 2020).
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Dept. of Human Servs. v. M. H., 473 P.3d 1152 (Or. Ct. App. 2020). · cites it 8× “However, the juvenile court also determined that DHS had not established that freeing child for adoption was in child’s best interest, as required by ORS 419B.500, and thus denied DHS’s petition to terminate mother’s parental rights.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Mellor, 47 P.3d 19 (Or. Ct. App. 2002). · cites it 6× “504; ORS 419B.500; ORS 419B.521(1). On de novo review, ORS 419A.”
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010). · cites it 10× “504, which provides: "The rights of the parent or parents may be terminated as provided in ORS 419B.500 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…”
Dep't of Human Servs. v. T. L. M. H. (In re B. J. M.), 432 P.3d 1186 (Or. Ct. App. 2018). · cites it 2× “504, and that it is otherwise in B's best interest that mother's rights be terminated, ORS 419B.500. On appeal, mother does not contest the juvenile court's determination regarding her fitness to parent B.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Stillman, 36 P.3d 490 (Or. 2001). · cites it 2× “The statute that sets out the formula for a termination upon a finding of parental unfitness, ORS 419B.”
Dept. of Human Servs. v. L. M. B., 515 P.3d 927 (Or. Ct. App. 2022). · cites it 2× “Rather, mother challenges only the determination under ORS 419B.500 that termination is in A’s best interest.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Frazier, 955 P.2d 272 (Or. Ct. App. 1998). · cites it 4× “ORS 419B.500 (1995). On de novo review, ORS 419A.”
Dept. of Human Servs. v. N. H., 520 P.3d 424 (Or. Ct. App. 2022). · cites it 3× “ORS 419B.500. Mother now appeals, challenging each of the juve- nile court’s conclusions.”
State Ex Rel. Dep't of Human Servs. v. Radiske, 144 P.3d 943 (Or. Ct. App. 2006). · cites it 3× “In view of our determination that mother is unfit by reason of conduct or conditions seriously detrimental to M and integration into her home is improbable within a reasonable time, we must, finally, consider whether termination of mother’s parental rights is in M’s best…”
State ex rel. Dep't of Human Servs. v. Keeton, 135 P.3d 378 (Or. Ct. App. 2006). · cites it 5× “506 does not support termination is well-founded; and (3) the state failed to prove by clear and convincing evidence that termination was in the best interests of the children, ORS 419B.500. Accordingly, we reverse the termination of mother’s parental rights.”
In Re the Marriage of Winczewski, 72 P.3d 1012 (Or. Ct. App. 2003). · cites it 4× “(3) Mother is the biological mother of A and J, and her rights have not been terminated pursuant to ORS 419B.500 to 419B.524. See ORS 109.119(8)(d).”
Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). “The provisions of this subsection do not apply to a parent whose rights have been terminated under ORS 419B.500 to 419B.524 or whose child has been permanently committed by order or judgment of the court unless an appeal from the order or judgment is pending.”
Show all 249 citing cases →
— Or. Rev. Stat. § 419B.500(1) — 32 cases
Dept. of Human Servs. v. K. M. B., 334 Or. App. 708 (Or. Ct. App. 2024).
Dept. of Human Servs. v. A. D. C., 342 Or. App. 543 (Or. Ct. App. 2025).
Dept. of Human Servs. v. M. D. M., 341 Or. App. 201 (Or. Ct. App. 2025).
Dept. of Human Servs. v. L. C. B., 335 Or. App. 443 (Or. Ct. App. 2024).
Dept. of Human Servs. v. L. B., 335 Or. App. 452 (Or. Ct. App. 2024).
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