Department of Human Services v. A. R. S.
249 Or. App. 603
| Or. Ct. App. | 2012Background
- Consolidated Oregon dependency case involving mother and child and the Department of Human Services (DHS).
- Juvenile court found mother did not make sufficient progress toward reunification within a reasonable period.
- Court determined father had progressed and that child would be returned to father in Mexico after conditions, by September 2011.
- Appellants argued the court erred by requiring independent parenting, effectively mandating care without reliance on a relative foster placement.
- Record showed child's maternal grandmother was the foster caregiver with the mother's support; juvenile court reportedly treated independence as a prerequisite.
- Appellate court reversed and remanded for reconsideration consistent with correct legal principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether progress toward reunification can be based on dependence on a caregiver. | N.S. argues it's legal error to require independent parenting. | DHS contends progress can be shown through ability to parent with support. | Reversed: independent parenting not required; remand for proper analysis. |
| Whether the court misapplied the statutory standard for reasonable reunification progress. | Mother's progress evaluated under incorrect premise. | Judgment supported by evidence of progress. | Remand to reconsider under correct legal principles. |
Key Cases Cited
- State ex rel Dept. of Human Services v. Smith, 338 Or. 58 (2005) (ability to parent independently is not a legal requirement; must not harm child)
- Dept. of Human Services v. B.L.J., 246 Or.App. 767 (2011) (parent's inability to parent with assistance not sufficient to show harm; progress analysis overridable)