State ex rel. Children's Services Division v. Brady

Michelle Brady (mother) appeals from a judgment terminating her parental rights to her daughter (child). ORS 419B.500.1 We review de novo, ORS 419A.200, and reverse.

The issue here is whether a mentally impaired mother lacks the capacity to care for her special needs child. The specific question is whether Children’ Services Division (CSD) has proved by clear and convincing evidence that mother “presently is unable to meet the physical and emotional needs of [child] and that the present inability is unlikely to change in the foreseeable future." State ex rel Juv. Dept. v. Pennington, 104 Or…