Dep't of Human Servs. v. M. T. P. (In re C. J. P.)
Court of Appeals of Oregon
1DissentOrtega, J.
*224The majority is correct that at the time of the permanency hearing at issue, the child, C, had been in substitute care for 15 of the prior 22 months, triggering an obligation under ORS 419B.498(1) for DHS to file a petition to terminate parental rights-unless one of the circumstances identified in ORS 419B.498(2) applies. One possible such circumstance is that another plan is better suited to meet C's needs. However, the majority's construction functionally presumes that adoption-that is, the termination of parental rights of a child's birth parents-is the best plan for every child, and…
2Cases cited5 opinions
- State Ex Rel. State Office for Services to Children & Families v. StillmanOregon Supreme Court · 2001
- State ex rel. Department of Human Services v. M. A.Court of Appeals of Oregon · 2009
- Department of Human Services v. S. S.Court of Appeals of Oregon · 2016
- Department of Human Services v. S. J. M.Court of Appeals of Oregon · 2017
- Dep't of Human Servs. v. J. M. T. M. (In re J. M. T. M.)Court of Appeals of Oregon · 2018