Department of Human Services v. T. H.
254 Or. App. 394
| Or. Ct. App. | 2012Background
- In 2010 the juvenile court assumed jurisdiction over Schuman's two children on grounds involving alleged sexual abuse concerns, DHS duties, and parental fitness.
- In 2012 a perfunctory permanency hearing occurred; a nine‑page form judgment continued APPLA for both children.
- The form judgment failed to include the statutorily required ORS 419B.476(5) findings and left the section for DHS efforts blank, with minimal corroboration.
- DHS acknowledged the findings were not made and the court did not incorporate an agency report as the written findings.
- Schuman appealed arguing the missing findings violated ORS 419B.476(5) and that the error was not harmless, while DHS urged preservation and harmlessness.
- This court reversed and remanded, holding the error was not harmless and that preservation did not apply to omitted written findings in this permanency-continuation context.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether omission of ORS 419B.476(5) findings is reviewable despite preservation. | Schuman argues the statute requires written findings. | DHS: preservation is required; error waived otherwise. | Remand; error reviewable and reversible. |
| Whether the lack of written findings was harmless error. | Schuman contends the error affects outcome. | DHS contends the omission is harmless in continuation. | Not harmless; must be reversed. |
| Whether the court could satisfy ORS 419B.476(5) by incorporating an agency report. | Findings can be supplied by incorporated report as in H.R. | In this case no proper incorporation occurred. | Not satisfied here; mere notice of an agency report is insufficient. |
Key Cases Cited
- State ex rel DHS v. M.A., 227 Or App 172 (Or. App. 2009) (failure to include required findings inadequate without more)
- Dept. of Human Services v. H. R., 241 Or App 370 (Or. App. 2011) (approval of incorporating an agency report as written findings)
- Dept. of Human Services v. L. B., 246 Or App 169 (Or. App. 2011) (court must connect all dots to a change in permanency plan)