Department of Human Services v. S. A.
250 Or. App. 720
| Or. Ct. App. | 2012Background
- SERCOMBE, J. addresses two intertwined issues in a dependency case concerning C, a child under jurisdiction since 2009.
- The juvenile court changed C’s permanency plan from guardianship to possible reunification and later moved to establish a guardianship under ORS 419B.366.
- The September 30, 2011 hearing was treated as a permanency hearing for C but resulted in a guardianship order without the required ORS 419B.476(5) permanency determinations.
- Father contested both the permanency plan change and the guardianship, while DHS sought to finalize guardianship with a proposed guardian.
- The court ultimately entered a guardianship order that omitted the permanency determinations, and the court remanded for further proceedings, with the court also assessing guardian suitability evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the order complied with ORS 419B.476(5) permanency determinations | Father argues the order lacks the required permanency findings | DHS acknowledges missing findings but disputes preservation and timing questions | Remand for the missing permanency determinations; error not harmless |
| Whether the guardian was shown to be suitable and willing under ORS 419B.366(5)(c) | Father challenges guardian suitability | DHS presented an affidavit supporting suitability and willingness | There was evidence supporting suitability and willingness; guardian appointment affirmed in part, remanded in part |
Key Cases Cited
- State ex rel Juv. Dept. v. J. F. B., 230 Or App 106 (2009) (premature review avoided when permanency determinations missing)
- Dept. of Human Services v. C. L., 247 Or App 351 (2011) (prematurity of permanency findings under review when remand warranted)
- Dept. of Human Services v. W. F., 240 Or App 443 (2011) (deficient permanency judgments reviewed on appeal without preservation)
- Dept. of Human Services v. J. W., 239 Or App 596 (2010) (preservation of permanency finding issues when necessary)
- State ex rel DHS v. M. A., 227 Or App 172 (2009) (preservation not required for ORS 419B.476(5) findings)