Department of Human Services v. K. M. P., 284 P.3d 519

Juvenile court terminated mother's parental rights after she failed to appear at a pretrial conference; state presented prima facie case for termination.
Mother subsequently moved to set aside the termination judgment arguing excusable neglect and the nonappearance was due to a good faith mistake as to time.
Court denied the motion to set aside without explanation; mother appealed.
ORs 419B.923(1)(b) allows setting aside a termination judgment for excusable neglect after a two-step analysis.
The court in G. R. provided the governing framework for excusable neglect and discretionary review.
On appeal, the court reversed and remanded, holding excusable neglect established and abuse of discretion in denial; instructed to set aside judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether nonappearance was excusable neglect	Mother's nonappearance resulted from a reasonable, good faith time mistake.	State contends no plausible basis for the time mistake; argues no excusable neglect.	Yes; excusable neglect established as a matter of law.

State ex rel Dept. of Human Services v. G. R., 224 Or App 133 (2008) (defines excusable neglect in ORS 419B.923(1)(b) and discretionary review framework)
National Mortgage Co. v. Robert C. Wyatt, Inc., 173 Or App 16 (2001) (discretionary considerations guiding relief under ORS 419B.923(l)(b))