In re Mendez

Oregon’s State Office of Services for Children and Families (the state) filed a termination-of-parental-rights petition, alleging Mother and Father (defendants) were not feeding their infant daughters, triplets, sufficiently. At nine months old, the triplets were underweight, considering what was anticipated based on their history, and their growth had declined. The triplets’ growth declined even further by the time the triplets were 12 months old. The triplets’ growth decline was measured against a standardized growth-curve chart, according to which the triplets were beneath all measures at birth. The issue that most concerned the triplets’ physician was a decline in the growth rate of each baby’s head circumference, which only occurred from severe nutritional deficiency. The triplets’ physician diagnosed the babies with nonorganic failure to thrive due to inadequate nutrition. This diagnosis was supported by the fact that the triplets absorbed nutrition and gained weight when they were in a setting in which they received proper nutrition. The triplets’ physician notified the state, which provided intensive services, including in-home guidance on feeding methods and nutrition, for over a year. However, the triplets only thrived sporadically, even with the support provided to Mother and Father. There was a termination hearing, at which experts testified that the triplets’ failure to grow and the reduced growth rate related to head circumference made permanent developmental delay a possibility. The triplets were naturally small in stature like their parents, but even accounting for this fact, a specialist confirmed the nonorganic-failure-to-thrive diagnosis. Although the babies were often sick, none of the experts cited this as a cause for their diagnoses. Mother and Father had trouble giving the triplets sufficient nutrition. Additionally, Mother and Father did not follow the guidance provided regarding nutrition, feeding, or feeding schedules. Testimony also revealed that Mother and Father had mental-health diagnoses that would cause Mother difficulty in using the guidance provided and would make Father resistant to help. A trial court dismissed the termination petition, determining that the state had not established a prima facie case for termination of parental rights.