419B.502
Termination upon finding of extreme conduct. 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 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:
(1) Rape, sodomy
or sex abuse of any child by the parent.
(2) Intentional
starvation or torture of any child by the parent.
(3) Abuse or
neglect by the parent of any child resulting in death or serious physical
injury.
(4) Conduct by
the parent to aid or abet another person who, by abuse or neglect, caused the
death of any child.
(5) Conduct by
the parent to attempt, solicit or conspire, as described in ORS 161.405,
161.435 or 161.450 or under comparable laws of any jurisdiction, to cause the
death of any child.
(6) Previous
involuntary terminations of the parent’s rights to another child if the
conditions giving rise to the previous action have not been ameliorated.
(7) 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. [1993 c.33 §139; 1995 c.767 §1; 1997 c.873 §5; 1999 c.859 §16;
2001 c.575 §1; 2001 c.686 §23; 2003 c.396 §84]
Notes of Decisions
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010).
· cites it 54× “Because we affirm on that basis, we do not consider whether the juvenile court erred by also terminating father's parental rights because of extreme conduct under ORS 419B.502. On de novo review, ORS 19.415(3)(a), we find the facts as follows.”
State ex rel. Dep't of Human Servs. v. Keeton, 135 P.3d 378 (Or. Ct. App. 2006).
· cites it 13× “Mother appeals a judgment terminating her parental rights to her two sons, J and T, on the grounds that mother is an unfit parent under ORS 419B.502 by reason of extreme conduct, that mother is unfit by reasons of conduct or condition seriously detrimental to the children and…”
Dep't of Human Servs. v. A. B. (In Re J. B.), 412 P.3d 1169 (Or. 2018).
· cites it 2× “"Except as to facts the disclosure of which is barred by the attorney-client privilege, when a party becomes aware of facts that probably render an appeal moot, that party shall provide notice of the facts to the court and to the other party or parties to the appeal, and may…”
Dep't of Human Servs. v. S.J.M. (In re L.B.M.), 430 P.3d 1021 (Or. 2018).
“; ORS 419B.502. But Oregon's policy also recognizes that "it is not always possible or in the best interests of the child or the public for children who have been abused or neglected to be reunited with their parents.”
State Ex Rel. Dep't of Human Servs. v. Rardin, 134 P.3d 940 (Or. 2006).
· cites it 2× “ORS 419B.502 permits the termination of parental rights based on a single (or recurrent) incident of “extreme conduct towards any child,” and it provides a nonexclusive list of factors for the court to consider in determining extreme conduct, including sex abuse of any child,…”
State Ex Rel. Dep't of Human Servs. v. J. S., 182 P.3d 278 (Or. Ct. App. 2008).
· cites it 6× “First, relying on ORS 419B.502, child asserts that he established that mother and father are “unfit by reason of a single or recurrent incident of extreme conduct”; child particularly relies on previous terminations of mother’s and father’s parental rights to other children, a…”
Dep't of Human Servs. v. B. J. B., 256 P.3d 167 (Or. Ct. App. 2011).
· cites it 3× “The court found that mother was unfit based on the state having proved the following by clear and convincing evidence: (1) Mother is unfit by reason of extreme conduct, ORS 419B.502; (2) Mother is unfit by reason of conduct or condition seriously detrimental to the child and…”
Dep't of Human Servs. v. L.L.S. (In re Z.S.), 413 P.3d 1005 (Or. Ct. App. 2018).
“185(1)(a). Under that statute, the legislature explicitly has directed juvenile courts to find that DHS made reasonable efforts to reunify the family if the juvenile court "finds that no services were provided but that reasonable services would not have eliminated the need for…”
Dep't of Human Servs. v. T.L., 403 P.3d 488 (Or. Ct. App. 2017).
“090(3); ‘guard [ing] the liberty interest of parents protected by the Fourteenth Amendment to the United States Constitution,’ ORS 419B.”
— Or. Rev. Stat. § 419B.502(1) — 4 cases
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010).
“Because we affirm on that basis, we do not consider whether the juvenile court erred by also terminating father's parental rights because of extreme conduct under ORS 419B.502. On de novo review, ORS 19.415(3)(a), we find the facts as follows.”
Dep't of Human Servs. v. L.L.S. (In re Z.S.), 413 P.3d 1005 (Or. Ct. App. 2018).
“185(1)(a). Under that statute, the legislature explicitly has directed juvenile courts to find that DHS made reasonable efforts to reunify the family if the juvenile court "finds that no services were provided but that reasonable services would not have eliminated the need for…”
State Ex Rel. Dep't of Human Servs. v. Rardin, 134 P.3d 940 (Or. 2006).
“ORS 419B.502 permits the termination of parental rights based on a single (or recurrent) incident of “extreme conduct towards any child,” and it provides a nonexclusive list of factors for the court to consider in determining extreme conduct, including sex abuse of any child,…”
— Or. Rev. Stat. § 419B.502(3) — 4 cases
In Re Am, 205 P.3d 28 (Or. Ct. App. 2009).
— Or. Rev. Stat. § 419B.502(4) — 1 case
— Or. Rev. Stat. § 419B.502(6) — 9 cases
State Ex Rel. Dep't of Human Servs. v. J. S., 182 P.3d 278 (Or. Ct. App. 2008).
“First, relying on ORS 419B.502, child asserts that he established that mother and father are “unfit by reason of a single or recurrent incident of extreme conduct”; child particularly relies on previous terminations of mother’s and father’s parental rights to other children, a…”
Dep't of Human Servs. v. B. J. B., 256 P.3d 167 (Or. Ct. App. 2011).
“The court found that mother was unfit based on the state having proved the following by clear and convincing evidence: (1) Mother is unfit by reason of extreme conduct, ORS 419B.502; (2) Mother is unfit by reason of conduct or condition seriously detrimental to the child and…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.