State ex rel. Juvenile Department v. Jones

This is a proceeding for termination of parental rights based upon a petition which alleged, among other things, (1) that the mother had "failed and neglected without reasonable and lawful cause” to provide for her daughter "for more than one year prior to the date of this petition” (ORS 419.523(3)), and (2) that "the mother is unfit by reason of conduct or condition seriously detrimental to (the daughter)” because, among other things, "the mother suffers from mental or emotional illness * * (ORS 419.523(2)).

The state appealed to the Court of Appeals from an order by the juvenile court…