State Ex Rel. Juvenile Department v. Herman

Mother appeals the termination of her parental rights in her daughter. The sole issue on appeal is whether the state proved by clear and convincing evidence that integration into the mother’s home is “improbable in the foreseeable future due to conduct or conditions not likely to change.” ORS 419.523(2); State ex rel Juv. Dept. v. Chapin, 66 Or App 932, 675 P2d 1117 (1984). On de novo review, ORS 419.561(4), ORS 19.125(3), we determine that the state failed to meet its burden of proof and reverse.

Mother is 27. Heather is four-and-one-half. In the fall of 1981, mother moved in with Frank…