OAR 413-110-0250: Other Situations for Filing a Termination Petition

(1) ODHS may file a petition to terminate the rights of a parent whose child is in ODHS custody but is not required to do so if: (a) The parent has engaged in extreme conduct as specified in ORS 419B.502, which includes but is not limited to: (A) Rape, sodomy or sex abuse of any child by the parent; (B) Intentional starvation or torture of any child by the parent; (C) Abuse or neglect by the parent of any child resulting in death or serious physical injury; (D) Conduct by the parent to aid or abet another person who, by abuse or neglect, caused the death of any child; (E) Conduct by the parent to attempt, solicit or conspire to cause the death of any child; (F) Previous involuntary terminations of the parent's rights to another child if the conditions giving rise to the previous action have not been ameliorated; or (G) Conduct by the parent that knowingly exposes any child of the parent to the manufacture of amphetamines. (b) The parent is unfit due to conduct or condition that is seriously detrimental to the child as specified in ORS 419B.504, which includes but is not limited to: (A) Emotional illness, mental illness or mental deficiency of the parent of such nature and duration as to render the parent incapable of providing proper care for the child for extended periods of time; (B) Conduct toward any child of an abusive, cruel or sexual nature; (C) Addictive or habitual use of intoxicating liquors or controlled substances to the extent that parental ability has been substantially impaired; (D) Physical neglect of the child; (E) Lack of effort of the parent to adjust the circumstances of the parent, conduct, or conditions to make the return of the child possible or failure of the parent to effect a lasting adjustment after reasonable efforts by available social agencies for such extended duration of time that it appears reasonable that no lasting adjustment can be effected; or (F) Criminal conduct that impairs the parent's ability to provide adequate care for the child. (c) The parent has failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the child as specified in ORS 419B.506, which includes but is not limited to: (A) Failure to provide care or pay a reasonable portion of substitute physical care and maintenance if custody is lodged with others. (B) Failure to maintain regular visitation or other contact with the child which was designed and implemented in a plan to reunite the child with the parent; (C) Failure to contact or communicate with the child or with the custodian of the child. In making this determination, the court may disregard incidental visitations, communications or contributions. (2) ODHS will not base a decision to file a petition to terminate the rights of a parent with a disability upon the parent’s disability or upon speculation, stereotypes, or generalizations that the parent, because of a disability, cannot safely care for a child. If the conduct of a parent with a disability is of such a nature and duration as to render the parent incapable of providing proper care of the child for an extended period of time, with or without reasonable modifications to the services ODHS deemed necessary for the safe return of the child to the home, ODHS may file a petition to terminate the rights of a parent with a disability.