State v. McMaster’s Empirical Analysis
1971
Citation profile
76 state decisions
How this case has been cited
Cited by 78 later decisions — most recently August 2014 · most notably In Re Clark (1981), State v. ROBERT H. ____ (1978)
76 state decisions — followed in 19 states
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on In the Matter of Samuel Winship · Connally v. General Construction Co. · Winters v. People of State of New York · Leland v. Oregon · United States v. Petrillo
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 78 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"... [W]e do not believe the legislature contemplated that parental rights could be terminated because the natural parents are unable to furnish surroundings which would enable the child to grow up as we would desire all children to do." 486 P.2d at 572 .”
7 later decisions quote this exact passage · from the dissent“* * * by reason of conduct or condition seriously detrimental to the child and integration of the child into the home of the parent or parents is improbable in the future due to conduct or conditions not likely to change. " ORS 419.523(2). (Emphasis added.) The statute sets out several criteria to be considered in making the judgment. Only ORS 419.523(2)(e) has any applicability here: "Lack of effort of the parent to adjust his circumstances, 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. " (Emphasis added.) The burden of proof in these cases is by a preponderance of the evidence. ORS 419.525(2). [2] On de novo review, we are not independently satisfied that the conduct and conditions of the mother are not likely to change. Indeed, the evidence shows they have started to change already. We are likewise unpersuaded that "no lasting adjustment can be effected.”
4 later decisions quote this exact passage“[M]any . . . children are being raised under basically the same circumstances as this child. The legislature had in mind conduct substantially departing from the norm and . . . [the parents’] conduct is not such a departure.”
3 later decisions quote this exact passage · from the dissente.g. In re J. M. · In Re JM
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.