250 P.3d 427
Or. Ct. App.2011Background
- Permanency judgment changed R’s plan from reunification to adoption; mother appeals on reasonable efforts findings and on whether there was a reason to defer termination petition.
- The court adopted DHS’s May 26, 2010 court report as written findings regarding reasonable efforts.
- The DHS report references counseling, a missed medication-management referral, and a two-month-prior psychological evaluation.
- The report lists recommended elements of reasonable efforts, including case management, counseling, face-to-face contacts, and visitation.
- Mother argues the judgment lacks a face description of DHS efforts per ORS 419B.476(5)(a) and that the report was insufficient to satisfy statutory requirements.
- The permanency code distinguishes adoption from placement with a fit and willing relative; R was placed with his maternal grandmother, identified as the adoptive resource.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the judgment adequately describes DHS's reasonable efforts. | Mother: description missing per ORS 419B.476(5)(a) | DHS: the adopted report serves as the brief description | Adequate description found in the adopted report. |
| Whether the court properly treated adoption as a permanency plan distinct from relative placement. | Mother: relative placement could trigger ORS 419B.498(2)(a) | DHS: adoption is a separate plan from relative placement | Adoption is a distinct permanency plan; relative placement is not the same as adoption. |
| Whether ORS 419B.498(2)(a) applies because placement with a relative is intended to be permanent. | Mother: relative care with permanent intent applies | DHS: applies only to relative placement not adoption | ORS 419B.498(2)(a) does not apply when the placement is with a relative intended to be permanent but adoption is the plan. |
| Whether any other ORS 419B.498(2) circumstance supports deferring termination petition. | Mother contends a compelling reason exists | No applicable circumstance under 419B.498(2) | No applicable 419B.498(2) circumstance found. |
Key Cases Cited
- State ex rel. DHS v. M.A., 227 Or.App. 172 (2009) (permanency judgment must include description of efforts and compelling reason; incorporation alone is insufficient)
- Dept. of Human Services v. C.Z., 236 Or.App. 436 (2010) (review of legal conclusions for error; sufficiency of findings)