Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 419B.504 (2026)

Termination upon finding of unfitness

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      419B.504 Termination upon finding of unfitness. 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 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:

      (1) The court shall consider but is not limited to the following:

      (a) Conduct toward any child of an abusive, cruel or sexual nature.

      (b) Addictive or habitual use of intoxicating liquors, cannabis or controlled substances to the extent that parental ability has been substantially impaired.

      (c) Physical neglect of the child or ward.

      (d) 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.

      (e) Criminal conduct that impairs the parent’s ability to provide adequate care for the child or ward.

      (f) A mental health condition 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.

      (2) The court may not consider a parent’s disability, as that term is defined in the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), unless the parent’s conduct related to the disability is 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. [1993 c.33 §140; 1997 c.873 §7; 2001 c.686 §24; 2003 c.396 §85; 2007 c.70 §199; 2017 c.21 §56; 2018 c.74 §1]

Notes of Decisions
Cited in 278 cases (93 in the last 5 years), 1995–2026 · leading case: State Ex Rel. State Off. for Servs. to Child. & Families v. Mellor, 47 P.3d 19 (Or. Ct. App. 2002).
Sort: Relevance Newest Treatment
State Ex Rel. State Off. for Servs. to Child. & Families v. Mellor, 47 P.3d 19 (Or. Ct. App. 2002). · cites it 56× “ORS 419B.504; ORS 419B.500; ORS 419B.521(1).”
State Ex Rel. State Off. for Servs. to Child. & Families v. Stillman, 36 P.3d 490 (Or. 2001). · cites it 23× “See ORS 419B.504 (1997) (providing for termination of parental rights if court finds, inter alia, parent unfit by reason of conduct or condition seriously detrimental to child).”
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010). · cites it 91× “Among other grounds for termination, the juvenile court found that father was unfit under ORS 419B.504 because of criminal conduct, emphasizing that, under the conditions of father's post-prison supervision (PPS), "[f]ather is not authorized to have contact with his child.”
State Ex Rel. Dep't of Human Servs. v. Rardin, 134 P.3d 940 (Or. 2006). · cites it 28× “The trial court in this case terminated father’s parental rights respecting child on the grounds that father was unfit, ORS 419B.504, and that father had neglected child, ORS 419B.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Frazier, 955 P.2d 272 (Or. Ct. App. 1998). · cites it 39× “*275 To terminate parental rights, the evidence in favor of termination must be clear and convincing.”
State Ex Rel. Dep't of Human Servs. v. Radiske, 144 P.3d 943 (Or. Ct. App. 2006). · cites it 12× “Mother and father separately appeal from judgments terminating their parental rights to their 11-year-old daughter, M, on the grounds of unfitness, ORS 419B.504, and neglect, ORS 419B.506. On de novo review, ORS 419A.”
State ex rel. Dep't of Human Servs. v. Keeton, 135 P.3d 378 (Or. Ct. App. 2006). · cites it 20× “502 by reason of extreme conduct, that mother is unfit by reasons of conduct or condition seriously detrimental to the children and that integration of the children into mother’s home is improbable within a reasonable period of time, ORS 419B.504, and that mother failed or…”
State Ex Rel. State Off. for Servs. to Child. & Families v. Stillman, 1 P.3d 500 (Or. Ct. App. 2000). · cites it 22× “" The trial court accordingly terminated father's parental rights and committed the children to the permanent care, custody, and control of SCF.”
Dept. of Human Servs. v. N. H., 520 P.3d 424 (Or. Ct. App. 2022). · cites it 8× “We reject that argument without fur- ther discussion because although the juvenile court included reference to the allegation of neglect, the court’s written judgment relies solely on the ground of mother’s unfitness under ORS 419B.504. Cite as 322 Or App 507 (2022) 509 DHS…”
State ex rel. Dep't of Human Servs. v. Smith, 106 P.3d 627 (Or. 2005). · cites it 12× “” *74 The court then issued an order that contained no specific findings of fact but that recited the statutory criteria for termination of parental rights under ORS 419B.504, including the finding that “mother is unfit by reason of conduct or condition seriously detrimental to…”
Dep't of Human Servs. v. R. K., 351 P.3d 68 (Or. Ct. App. 2015). · cites it 8× “ORS 419B.504. 1 The appeals have been consolidated.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Freeman, 23 P.3d 1009 (Or. Ct. App. 2001). · cites it 11× “ORS 419B.504 authorizes the termination of parental rights upon a finding of unfitness.”
Show all 278 citing cases →
— Or. Rev. Stat. § 419B.504(1) — 20 cases
State Ex Rel. State Off. for Servs. to Child. & Families v. Frazier, 955 P.2d 272 (Or. Ct. App. 1998). “*275 To terminate parental rights, the evidence in favor of termination must be clear and convincing.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Mellor, 47 P.3d 19 (Or. Ct. App. 2002). “ORS 419B.504; ORS 419B.500; ORS 419B.521(1).”
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010). “Among other grounds for termination, the juvenile court found that father was unfit under ORS 419B.504 because of criminal conduct, emphasizing that, under the conditions of father's post-prison supervision (PPS), "[f]ather is not authorized to have contact with his child.”
State Ex Rel. Dep't of Human Servs. v. Rardin, 134 P.3d 940 (Or. 2006). “The trial court in this case terminated father’s parental rights respecting child on the grounds that father was unfit, ORS 419B.504, and that father had neglected child, ORS 419B.”
State Ex Rel. Dep't of Human Servs. v. Lee, 96 P.3d 823 (Or. Ct. App. 2004).
— Or. Rev. Stat. § 419B.504(1)(d) — 1 case
Dept. of Human Servs. v. K. R. K., 348 Or. App. 651 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 419B.504(1)(f) — 2 cases
Dept. of Human Servs. v. N. H., 520 P.3d 424 (Or. Ct. App. 2022). “We reject that argument without fur- ther discussion because although the juvenile court included reference to the allegation of neglect, the court’s written judgment relies solely on the ground of mother’s unfitness under ORS 419B.504. Cite as 322 Or App 507 (2022) 509 DHS…”
Dept. of Human Servs. v. T. M. B., 322 Or. App. 522 (Or. Ct. App. 2022).
— Or. Rev. Stat. § 419B.504(2) — 10 cases
State Ex Rel. State Off. for Servs. to Child. & Families v. Frazier, 955 P.2d 272 (Or. Ct. App. 1998). “*275 To terminate parental rights, the evidence in favor of termination must be clear and convincing.”
Dept. of Human Servs. v. N. H., 520 P.3d 424 (Or. Ct. App. 2022). “We reject that argument without fur- ther discussion because although the juvenile court included reference to the allegation of neglect, the court’s written judgment relies solely on the ground of mother’s unfitness under ORS 419B.504. Cite as 322 Or App 507 (2022) 509 DHS…”
Schmidt v. Archdiocese of Portland, 180 P.3d 160 (Or. Ct. App. 2008).
State Ex Rel. Dep't of Human Servs. v. Rardin, 134 P.3d 940 (Or. 2006). “The trial court in this case terminated father’s parental rights respecting child on the grounds that father was unfit, ORS 419B.504, and that father had neglected child, ORS 419B.”
State Ex Rel. Dep't of Human Servs. v. Shugars, 121 P.3d 702 (Or. Ct. App. 2005).
— Or. Rev. Stat. § 419B.504(3) — 7 cases
State Ex Rel. Dep't of Human Servs. v. Rardin, 134 P.3d 940 (Or. 2006). “The trial court in this case terminated father’s parental rights respecting child on the grounds that father was unfit, ORS 419B.504, and that father had neglected child, ORS 419B.”
State Ex Rel. Dep't of Human Servs. v. Rodgers, 129 P.3d 243 (Or. Ct. App. 2006).
State Ex Rel. Child.'s Servs. Div. v. Rollins, 910 P.2d 1107 (Or. 1996).
State Ex Rel. State Off. for Servs. to Child. & Families v. Wilcox, 986 P.2d 1172 (Or. Ct. App. 1999).
State Ex Rel. Child.'s Servs. Div. v. Rollins, 914 P.2d 1094 (Or. Ct. App. 1996).
— Or. Rev. Stat. § 419B.504(4) — 1 case
State Ex Rel. State Off. for Servs. to Child. & Families v. Frazier, 955 P.2d 272 (Or. Ct. App. 1998). “*275 To terminate parental rights, the evidence in favor of termination must be clear and convincing.”
— Or. Rev. Stat. § 419B.504(5) — 28 cases
State Ex Rel. State Off. for Servs. to Child. & Families v. Mellor, 47 P.3d 19 (Or. Ct. App. 2002). “ORS 419B.504; ORS 419B.500; ORS 419B.521(1).”
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010). “Among other grounds for termination, the juvenile court found that father was unfit under ORS 419B.504 because of criminal conduct, emphasizing that, under the conditions of father's post-prison supervision (PPS), "[f]ather is not authorized to have contact with his child.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Frazier, 955 P.2d 272 (Or. Ct. App. 1998). “*275 To terminate parental rights, the evidence in favor of termination must be clear and convincing.”
State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006).
State ex rel. Juv. Dep't v. J. L. M., 184 P.3d 1203 (Or. Ct. App. 2008).
— Or. Rev. Stat. § 419B.504(6) — 11 cases
State Ex Rel. State Off. for Servs. to Child. & Families v. Stillman, 36 P.3d 490 (Or. 2001). “See ORS 419B.504 (1997) (providing for termination of parental rights if court finds, inter alia, parent unfit by reason of conduct or condition seriously detrimental to child).”
Charleston Cnty. Dep't of Soc. Servs. v. Jackson, 627 S.E.2d 765 (S.C. Ct. App. 2006).
State Ex Rel. Dep't of Human Servs. v. Rardin, 134 P.3d 940 (Or. 2006). “The trial court in this case terminated father’s parental rights respecting child on the grounds that father was unfit, ORS 419B.504, and that father had neglected child, ORS 419B.”
State Ex Rel. State Off. for Servs. to Child. & Families v. Freeman, 23 P.3d 1009 (Or. Ct. App. 2001). “ORS 419B.504 authorizes the termination of parental rights upon a finding of unfitness.”
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010). “Among other grounds for termination, the juvenile court found that father was unfit under ORS 419B.504 because of criminal conduct, emphasizing that, under the conditions of father's post-prison supervision (PPS), "[f]ather is not authorized to have contact with his child.”
— Or. Rev. Stat. § 419B.504(d) — 1 case
State Ex Rel. State Off. for Servs. to Child. & Families v. Frazier, 955 P.2d 272 (Or. Ct. App. 1998). “*275 To terminate parental rights, the evidence in favor of termination must be clear and convincing.”
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.