Department of Human Services v. W. F.
240 Or. App. 443
| Or. Ct. App. | 2011Background
- Consolidated appeal in a dependency case involving S.W.F., a child, DHS as petitioner and W.F. as appellant.
- Appellant challenges an April 1, 2010 order titled 'ORDER ON REVIEW; ORDER SETTING FURTHER PROCEEDINGS' (Case A145459) and a June 30, 2010 permanency judgment (Case A146190).
- The April 1 order arose from a permanency hearing, but the court treated it as a review hearing and continued the permanency hearing.
- After the continued hearing, the court entered the June 30 permanency judgment, which is also appealed by father.
- The court held the appeal of the April 1 order moot in light of the later permanency judgment that subsumed the review findings.
- The permanency judgment failed to include the determinations required by ORS 419B.476(2)(b) and (c) given the plan was adoption.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| whether the permanency judgment complies with ORS 419B.476(2)(b)-(5) | W.F. argues the judgment lacks required determinations. | DHS contends the report incorporation suffices. | Judgment reversed and remanded to include required determinations. |
| whether the April 1 order is moot in light of the permanency judgment | W.F. argues the appeal of the April 1 order remains viable. | DHS asserts mootness due to later judgment. | April 1 order dismissed as moot. |
Key Cases Cited
- Dept. of Human Services v. J.G., 239 Or.App. 261 (2010) (appeal of review order moot after permanency judgment)
- State ex rel DHS v. M.A., 227 Or.App. 172 (2009) (preservation principles not controlling where judgment fails to comply with statute)