Department of Human Services v. L. B.
246 Or. App. 169
| Or. Ct. App. | 2011Background
- DHS sought permanency decisions for S.G.R.L.-L. and M.A.L., children in state custody, against mother L.B. (L.L.).
- Juvenile court changed each child’s plan from reunification to adoption after a permanency hearing.
- Judgments lacked the required explicit finding under ORS 419B.476(5)(d) about whether there are compelling reasons against terminating parental rights.
- Mother did not raise the ORS 419B.476(5)(d) issue at the hearing and DHS conceded the deficiency in the judgments.
- Forms used for judgments were confusing and did not clearly reflect the required findings; the court inferred the predicate findings from the orders.
- Court reversed and remanded to correct the judgments to include explicit ORS 419B.476(5)(d) findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judgments satisfy ORS 419B.476(5)(d) findings | Mother argues the required finding is missing. | DHS contends error but would be corrected on remand; preservation disputed. | Judgments reversed and remanded for explicit findings. |
| Preservation and plain error review | Mother had no practical opportunity to object pre-judgment; error plain on face. | DHS asserts preservation or harmless error; argues no plain error review warranted. | Court exercised discretion to correct plainly erroneous judgments. |
| Effect of confusing judgment forms | Confusing form obscured whether compelling reasons were found or denied. | Forms were provided; error arises from lack of explicit findings, not form setup. | Judgments invalid for missing explicit ORS 419B.476(5)(d) findings. |
Key Cases Cited
- State ex rel. Dept. of Human Services v. J.N., 225 Or. App. 139 (2009) (review where findings missing but could be corrected on appeal)
- Dept. of Human Services v. M.A., 227 Or. App. 172 (2009) (home-study findings and statutory timing for orders after hearing)
- State v. Clay, 235 Or. App. 26 (2010) (plain error correction by reviewing court)
