Department of Human Services v. N. S.
246 Or. App. 341
| Or. Ct. App. | 2011Background
- DHS became involved in 2005 after domestic violence; child was 1 month old and remained with maternal aunt/uncle for six years.
- Mother completed some services but previously did not follow through with counseling and DV classes; case was closed and later reopened due to safety concerns about protecting child from father.
- In 2006 mother began supervised visits and later expanded; concerns arose about mother’s relationship with her brother, an untreated sex offender living near the child.
- A guardianship was established under ORS 419B.366 after an unsuccessful termination petition; appellate remand in N.S.-1 found no proven risk from brother precluding return to mother within a reasonable time.
- During 2009–2010, brother’s arrest history and living arrangements caused DHS to limit visitation and pursue a guardianship plan again; nine days of testimony culminated in a finding that the child could not safely return to mother within a reasonable time.
- The juvenile court ultimately changed the permanency plan from reunification to guardianship, and the appellate court affirmed the change based on risk factors and lack of progress.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS made reasonable reunification efforts | N.S. argues DHS limited efforts post-N.S.-1 and repeated only subsurface services | DHS contends efforts were broader and reasonably designed to address risks | Yes; DHS's efforts were reasonable. |
| Whether mother made sufficient progress for safe return | Mother had progressed and could safely rejoin within six months | Mother lacks credibility and still poses safety risks due to brother/boyfriend | No; mother failed to demonstrate sufficient progress for safe return. |
Key Cases Cited
- State ex rel. SOSCF v. Frazier, 152 Or.App. 568 (Or. App. 1998) (reasonableness of state reunification efforts depends on circumstances)
- State ex rel Dept. of Human Services v. H.S.C., 218 Or.App. 415 (Or. App. 2008) (assessing progress toward reunification includes consideration of participation and changes)
- State ex rel Dept. of Human Services v. S.L., 211 Or.App. 362 (Or. App. 2007) (mere participation in services is insufficient; focus on health and safety)
- Dept. of Human Services v. C.Z., 236 Or.App. 436 (Or. App. 2010) (defer to juvenile court findings of fact when supported)
- State v. N.S.-1, 229 Or.App. 151 (Or. App. 2009) (guardianship reversal on de novo review when risk not proven; records relevant to risk assessment)