Department of Human Services v. M. M. B., 253 Or. App. 431

Mother appeals the trial court’s denial of dismissal of jurisdiction and wardship over her son A and the permanency judgment changing the plan to durable guardianship.
The petition admitted two bases for jurisdiction: mother’s misdemeanor assault and strangulation conviction and her alcohol problem.
The court continued wardship and changed the plan based on concerns about mother’s anger management and ongoing risk to A.
DHS provided services (housing, parenting classes, counseling, supervised visits); A’s preferences and safety concerns were considered.
The permanency judgment found reasonable reunification efforts, but that A could not safely be returned within a reasonable time, justifying guardianship; the court addressed necessary findings under ORS 419B.476(2) and (5).
The opinion affirms, rejecting mother’s due process and § 419B.449(2)/(3)(a) challenges as unpreserved or unsupported.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether dismissal of jurisdiction was proper given amended petition.	Mother asserts she addressed the petition’s bases.	DHS argues court relied on facts beyond the petition but still within notice.	No error; court based continued jurisdiction on mother’s unresolved anger issues beyond what petition stated.
Whether permanency judgment adequately shows progress and safety to return home.	Mother contends she made sufficient progress for reunification.	DHS argues progress insufficient due to anger and distrust, risks to A.	Court’s findings support guardianship; not sufficient progress for return.
Whether permanency judgment complies with ORS 419B.476(5) and (2) regarding required findings.	Mother argues missing/insufficient written findings.	DHS contends findings were addressed in the judgment.	Judgment satisfies the required findings for change to guardianship; any additional specificity not required under governing provision.
Whether the plan change to guardianship rather than adoption was proper given the child’s needs.	Mother argues adoption or home placement should be considered.	Record supports guardianship due to age, attachment, and safety concerns.	Guardianship warranted given safety concerns and lack of likelihood of return.

Dept. of Human Services v. C. Z., 236 Or App 436 (2010) (bound by factual findings; review for legal errors; de novo limited)
State v. S. T. S., 236 Or App 646 (2010) (deference to juvenile court findings when evidence supports multiple conclusions)
G. E. v. Dept. of Human Services, 243 Or App 471 (2011) (notice to address conditions; extraneous facts must substantially affect rights)
S. L. v. DHS, 211 Or App 362 (2007) (progress toward reunification requires more than mere participation in services)
M. A. v. DHS, 227 Or App 172 (2009) (compelling reason required when changing to permanent living arrangement)
J. N. v. DHS, 225 Or App 139 (2009) (preservation rules when findings required at conclusion of hearing)
State ex rel Juv. Dept. v. J. F. B., 230 Or App 106 (2009) (remand for missing ORS 419B.476(5) findings in permanency judgment)