Loraine Mullins Charles Mullins v. State of Oregon Oregon Children's Services Division Kay Dean Toran, Administrator Mary Acklin

We must decide whether biological connection, standing alone, gives a grandmother a constitutionally protected liberty interest in the adoption of her grandchildren. We conclude that it does not and affirm the district court’s dismissal of this case.

I.

This case concerns the lives of two Oregon children. Loraine and Charles Mullins, both Washington residents, wish to adopt the two children. Loraine Mullins is the children’s paternal grandmother. Charles Mullins, who only recently married Loraine, has no blood relation to the children. He is, if there be such a thing, the children’s step-grandfather.

The children were abused and neglected by their parents. When the abuse came to light, state authorities stepped in, removed the children from their home, and initiated proceedings to terminate the parental rights. Ultimately, the mother voluntarily relinquished her rights in the children. The father’s rights were terminated involuntarily pursuant to Oregon law.

While the termination proceedings were pending, the Mullinses filed an adoption petition in the Klamath County Juvenile Court. See Oreg.Rev.Stat. § 109.309. The juvenile court did not immediately act upon the petition.…