Stubbs v. Weathersby
| Decision Date | 02 March 1994 |
| Citation | 869 P.2d 893,126 Or.App. 596 |
| Parties | In the Matter of the Adoption and Change of Name of Yasha Raynae Weathersby, a Minor. Carl STUBBS and Yvonne Stubbs, Respondents. v. Thomaszine WEATHERSBY, Appellant. 58-90-00971; CA A78470. |
| Court | Oregon Court of Appeals |
[126 Or.App. 597-A] Christina Sanz, Eugene, argued the cause for appellant. With her on the brief was Maureen H. McKnight, Portland.
Greg Allen Hunt, Eugene, argued the cause and filed the brief for respondents.
Before WARREN, P.J., and EDMONDS and LANDAU, JJ.
The trial court initially granted petitioners' (the Stubbses) petition for adoption in April, 1991. Mother appealed, and we reversed and remanded for the trial court to determine whether it had jurisdiction under the Uniform Child Custody Jurisdiction Act (UCCJA) and whether Oregon was an appropriate forum. 113 Or.App. 501, 833 P.2d 1297 (1992). On remand, the trial court determined that it had jurisdiction and that it was appropriate to exercise its jurisdiction, and it "confirmed" the prior judgment that granted the adoption. Mother appeals, and makes multiple assignments of error. We affirm.
On de novo review, ORS 19.125(3), we find the following. Mother moved from Texas to Washington when she was five months pregnant. After the child was born on March 14, 1989, in Washington, she and the child lived in a crisis pregnancy shelter. When the child was less than a month old, mother met in Washington with the Stubbses, who lived in Oregon, to discuss the possibility of the Stubbses caring for the child. Because the Stubbses were only interested in adopting the child, no agreement resulted, and mother kept physical custody of the child. On April 17, 1989, faced with the prospect of living on the streets, mother placed the child in foster care with Catholic Community Services in Washington. In June, 1989, mother found an apartment and sought to regain physical custody. The agency refused to relinquish custody and filed a juvenile court dependency proceeding in King County, Washington. The dependency petition alleged that the child was voluntarily placed in foster care on April 17, 1989, that mother has had no contact with the child since that time, that mother failed to secure stable housing, to get a secure job, to participate in counseling or to have regular contact with the agency, and that, on May 26, 1989, mother stated that she did not wish to have any contact with the child. On July 25, 1989, King County Superior Court, Juvenile Division, appointed a guardian ad litem to represent the child, and on October 17, 1989, the court issued an "Order of Dependency By Default." That order provided that the child would remain in foster care, because "[t]here is no parent or guardian available to care for such child." Thereafter, the child continued to be in foster care.
Mother was forced to move out of her apartment in October, 1989. While the child was still in foster care, mother informed Dr. Phillips, who is affiliated with a Portland adoption agency, that "she was ready to relinquish the child, and that she wanted the child adopted." Phillips arranged for the Stubbses to go to Washington to pick up the child. On November 1, 1989, Yvonne Stubbs and a friend met mother at her apartment, picked up the child from the agency and returned to mother's apartment. While there, Yvonne repeatedly asked mother if "this was really what she wanted to do." Each time mother responded that she was sure. On the advice of Phillips, Yvonne asked mother to write something on paper that evidenced her intentions. Mother typed and signed a letter that said:
Yvonne told mother that their attorney would be sending her adoption papers to sign, and arrangements were made for mother to mail the child's birth certificate to the Stubbses to begin the proceeding.
On the same day, Yvonne returned to Oregon with the child. The child has remained in the physical custody of the Stubbses since that time. The juvenile proceeding in Washington was dismissed on November 8, 1989, on the ground that the "reason for removal of the child from the parental home no longer exists." On January 11, 1990, mother called Yvonne and told her that the father of the child might want the child back. The Stubbses filed a petition for adoption on January 30, 1990, which commenced this proceeding. In February, 1990, mother called Yvonne and said that she wanted her child back. On April 2, 1990, mother called Jeanne Etter of Open Adoption and Family Services in Portland, who was preparing a post-placement report for Children's Services Division, and told her that she wanted the child back. Also on that day, mother wrote a letter to the circuit court stating that she was revoking her consent and that she wanted her child returned to her.
Mother began to contact various agencies seeking assistance to get her child back. As a result, she was referred to Lane County Legal Aid Services, which began to represent her in May, 1990. Trial was held in this proceeding in April, 1991. The trial court ruled that mother had consented to the adoption and that she was estopped from revoking her consent. It granted the adoption, and mother appealed. In 1992, we remanded the case to the trial court. On remand, the trial court entered a judgment "confirming" the adoption. This appeal resulted.
First, mother argues that Oregon lacks subject matter jurisdiction under the UCCJA. The trial court found that it had jurisdiction pursuant to ORS 109.730(1)(b) and (d), and that Oregon is an appropriate forum. ORS 109.730(1)(b) provides that an Oregon court has jurisdiction to decide child custody matters if:
"It is in the best interest of the child that a court of this state assume jurisdiction because the child and the parents of the child, or the child and at least one contestant, 1 have a significant connection with this state, and there is available in this state substantial evidence concerning the child's present or future care, protection, training, and personal relationships[.]" (Emphasis supplied.)
Under the statute, a significant connection with Oregon must have existed as of the date that the adoption proceeding was commenced. State ex rel Torres v. Mason, 315 Or. 386, 393 n. 6, 848 P.2d 592 (1993). Therefore, we focus on the facts as they existed as of January 30, 1990, the date on which the petition was filed.
On that date, the child was approximately 11 months old. Although for eight months of her life she had lived in Washington, that state had dismissed the dependency proceeding initiated on her behalf. She had spent seven months of that time in foster care. In contrast, from November 1, 1989, through January 30, 1990, she had lived in Oregon with the Stubbses where she was cared for daily by the Stubbses, developed a bond with them, and adjusted to a new home environment. There is also substantial evidence as to her present and future care, training, and personal relationships in Oregon, including evidence of medical care and contact with members of the Stubbses' church, that constitute a significant connection to this state. Also, it is undisputed that the Stubbses are residents of Oregon and have a significant connection with this state. On those facts, we hold that the circuit court properly assumed jurisdiction under ORS 109.730(1)(b). 2 Next, mother argues that the trial court should have declined jurisdiction, because Oregon is an inconvenient forum. Under ORS 109.770, a court with jurisdiction may decline to exercise its jurisdiction if it finds that it is an inconvenient forum to make a custody determination and that another state is a more appropriate forum. ORS 109.770(3) provides:
Mother points to the contacts that the State of Washington has, including her involvement with Catholic Community Services and with the child's foster care for eight months. Oregon's contacts are limited to a three-month period. On the other hand, mother contemplated that an Oregon court would assume jurisdiction over the child during the adoption process. Moreover, there is evidence available from Oregon witnesses, a psychologist and an adoption specialist, that comment on the best interests of the child based on the Stubbses' home environment. We have considered those factors as well as the other factors articulated in the statute and hold that Oregon is the most convenient forum. This ruling carries out the original intent of the parties, and it is the forum in which the most current information regarding the child's best interests exist.
Next, mother argues that she did not consent to the adoption because her November 19, 1989, writing evidenced only a grant of temporary custody, and that the parties intended that the consent would be prepared later. If mother did not consent to the adoption, the judgment is void. Small v. Andrews,...
To continue reading
Request your trial
- In Re Helicopter Crash Near Weaverville
- Portfolio Recovery Assocs., LLC v. Sanders
-
Frosty v. Textron, Inc.
... ... Supp. 557 Stubbs v. Weathersby, 126 Or.App. 596, 604, 869 P.2d 893 (1994) (emphasis added). See also Cropp, supra at 516, 880 P.2d 464. (Even if there is a difference ... ...
- Stubbs v. Weathersby