Consent when parent has deserted or neglected child
Source:
Section 109.324 — Consent when parent has deserted or neglected child, https://www.oregonlegislature.gov/bills_laws/ors/ors109.html.
Notes of Decisions
“Neglected without just and sufficient cause” requires proof that parent failed to perform parental duties for required statutory period and that neglect was voluntary. State ex rel Juvenile Dept. v. Draper, 7 Or App 497, 491 P2d 215 (1971), Sup Ct review denied
Proof of father’s nonsupport and failure to visit was insufficient to allow adoption of child without father’s consent under this section when nonsupport was based on agreement with mother. Mahoney v. Linder, 14 Or App 656, 514 P2d 901 (1973); Sayre v. Whitehead, 25 Or App 205, 548 P2d 521 (1976)
Where a parent is not ordered to pay child support and is denied visitation under a dissolution decree it is necessary to consider predissolution conduct to determine whether the decree caused the neglect. Swarthout v. Reeves, 26 Or App 763, 554 P2d 617 (1976)
Willful neglect does not require proof that parent intended to abandon all parental rights, but is evaluated by presence or absence of minimal expressions of concern, ordinarily measured in terms of money payments and personal contacts. Chaffin v. Palumbo, 99 Or App 312, 781 P2d 1247 (1989); Pizano-Varela v. Gomez, 103 Or App 629, 798 P2d 724 (1990)
Contested adoption proceeding requires clear and convincing standard of proof or persuasion. Chaffin v. Palumbo, 99 Or App 312, 781 P2d 1247 (1989); Zockert v. Fanning, 310 Or 514, 800 P2d 773 (1990)
Relevant time period for determining willful neglect is one-year period immediately preceding filing of petition for adoption. Pizano-Varela v. Gomez, 103 Or App 629, 798 P2d 724 (1990)
Privileges and immunities provision of Oregon Constitution requires that indigent parents be afforded assistance of counsel in contested adoption proceedings as is required in proceedings to terminate parental rights. Zockert v. Fanning, 310 Or 514, 800 P2d 773 (1990)
Standard to determine if parent has wilfully neglected child is whether parent wilfully failed to manifest substantial expressions of concern which show parent has deliberate, intentional and good faith interest in maintaining parent-child relationship. Eder v. West, 312 Or 244, 821 P2d 400 (1991)
First stage in adoption proceeding determines whether to terminate natural parent’s rights and interest in child based on parental conduct, while second stage involves independent determination applying best interest of child standard to issue of adoption. Eder v. West, 312 Or 244, 821 P2d 400 (1991)
Assertion that custodial parent has made or would make visitation difficult does not provide “just and sufficient cause” for neglect. Panter v. Ash, 177 Or App 589, 33 P3d 1028 (2001)
Willful desertion of child requires parent action or inaction that demonstrates intentional choice directed toward specific result of deserting child. C.R.H. v. B.F., 215 Or App 479, 169 P3d 1286 (2007), Sup Ct review denied
Finding of neglect requires evidence of deliberate decision by parent not to maintain parent-child relationship. C.R.H. v. B.F., 215 Or App 479, 169 P3d 1286 (2007), Sup Ct review denied
Because order under this section, that mother’s consent was not required for adoption of mother’s child by parents of child’s father, was interlocutory and did not itself effectuate termination of mother’s parental rights, court lacked jurisdiction under ORS 19.205 to hear mother’s appeal of order. A.M. v. N.E.D., 287 Or App 36, 400 P3d 1036 (2017)
Incarceration of parent, by itself, is not just and sufficient cause that excuses willful neglect of child by parent. T.G. W. v. B.J.V., 295 Or App 717, 436 P3d 85 (2019)
Law Review Citations
71 OLR 507 (1992)
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