Legal Opinion

State ex rel. Department of Human Services v. Simmons

Oregon Supreme Court

Decided December 14, 2006No. CC 4769J; CA A124081; SC S53149PublishedCited by 30 opinions

1Opinion of the CourtGillette, J.

In this termination of parental rights proceeding, the issue is whether the state has shown, by clear and convincing evidence, that, at the time of the termination proceeding, mother was unfit and unable to be a minimally adequate parent to her daughter. On de novo review, the Court of Appeals concluded that mother was unfit because she has a mental illness and an addiction to controlled substances that, together, are seriously detrimental to her child. The Court of Appeals therefore affirmed the trial court’s order terminating mother’s parental rights. State ex rel Dept. of Human Services v.…

2Cases cited5 opinions

  1. State Ex Rel. State Office for Services to Children & Families v. StillmanOregon Supreme Court · 2001
  2. SIMONS ET UX v. SmithOregon Supreme Court · 1961
  3. State ex rel. Department of Human Services v. SmithOregon Supreme Court · 2005
  4. State Ex Rel. Department of Human Services v. RardinOregon Supreme Court · 2006
  5. STATE EX REL. DEPT. OF HUMAN SERVICES v. SimmonsOregon Supreme Court · 2005

3Cited by30 opinions

  1. Dept. of Human Services v. C. H.Oregon Supreme Court · 2024
  2. State ex rel. Juvenile Department v. F. W.Court of Appeals of Oregon · 2008
  3. Department of Human Services v. B. J. J.Court of Appeals of Oregon · 2016
  4. Department of Human Services v. C. M. P.Court of Appeals of Oregon · 2011
  5. State ex rel. Juvenile Department v. J. L. M.Court of Appeals of Oregon · 2008

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