Department of Human Services v. M. H.
266 Or. App. 361
| Or. Ct. App. | 2014Background
- Child A has been in DHS custody since 2 days old; juvenile court took jurisdiction in Sept. 2010 and the permanency plan was set to adoption in July 2011.
- DHS filed petitions to terminate both parents’ parental rights in Aug. 2011; a termination trial occurred and TPR judgments were entered in March 2013.
- The court held a permanency hearing in Aug. 2012 and entered a permanency judgment continuing the adoption plan; that permanency judgment was reversed on appeal in M. H., which identified required findings missing under ORS 419B.476(5) and ORS 419B.498(2).
- After M. H., parents moved under ORS 419B.923 to set aside the March 2013 TPR judgments; the juvenile court granted the motions and vacated the TPR judgments, relying on the reversal in M. H.
- DHS and the child appealed the order vacating the TPR judgments; the appellate court affirms, holding the juvenile court did not abuse its discretion.
Issues
| Issue | DHS's Argument | Parents' / A's Argument | Held |
|---|---|---|---|
| Whether a valid permanency judgment approving adoption after a permanency hearing is a necessary predicate to filing and proceeding with a TPR petition | ORS 419B.500–.524 do not require a permanency judgment; termination proceedings are separate and DHS may proceed based on an earlier permanency judgment | ORS 419B.498(3) requires a permanency judgment entered after a permanency hearing before filing; reversal of a later permanency judgment can invalidate subsequent TPR action | Court held that a juveniles’ most recent permanency judgment (with statutorily required findings) is a precondition to filing/continuing TPR proceedings; reversal of that permanency judgment can invalidate TPR judgments |
| Whether ORS 419B.498(3) only affects the timing of filing the TPR petition (not later proceedings) | DHS: once a petition was filed after an earlier valid permanency judgment, subsequent reversals of later permanency judgments do not affect the TPR judgment | A: the subsection governs only filing; the already-filed petition remains valid | Court rejected this narrow reading; the statutory scheme requires permanency determinations based on current circumstances, so later reversals can undermine TPR judgments |
| Whether a permanency judgment that merely continues (rather than changes) an adoption plan can be invalidated for lacking ORS 419B.476(5) findings and therefore affect TPR proceedings | DHS: preserving the adoption plan continuity means reversal of the later permanency judgment is immaterial to TPR validity | Parents: statutory findings are required after each permanency hearing regardless of change or continuity of plan | Court held there is no distinction between maintaining or changing a plan; required findings must be made after each permanency hearing and their absence can invalidate subsequent TPR judgments |
| Whether the juvenile court abused discretion in setting aside the TPR judgments under ORS 419B.923 | DHS: setting aside was improper because earlier permanency judgment sufficed | Parents: ORS 419B.923 permits setting aside and M. H. required vacatur of TPRs | Court affirmed: juvenile court did not abuse discretion in vacating the TPR judgments in light of M. H. and statutory scheme |
Key Cases Cited
- Dept. of Human Services v. B. R., 247 Or App 766 (affirming earlier permanency judgment)
- Dept. of Human Services v. M. H., 258 Or App 83 (reversed permanency judgment for lack of required findings under ORS 419B.476(5))
- Dept. of Human Services v. A. D. G., 260 Or App 525 (standard of review on ORS 419B.923 motions)
- Dept. of Human Services v. C. L., 254 Or App 203 (interpreting reasonable efforts when plan is adoption)
- State ex rel Juv. Dept. v. F. W., 218 Or App 436 (policy behind regular permanency hearings)
- State ex rel DHS v. M. A., 227 Or App 172 (legislative intent that trial court carefully evaluate plan changes)
- Dept. of Human Services v. T. H., 254 Or App 394 (requirement of findings applies when maintaining or changing plan)
- Dept. of Human Services v. H. P., 252 Or App 346 (reversing permanency judgments lacking ORS 419B.476(5) findings)
- State v. L. C., 234 Or App 347 (juvenile court approval of adoption plan is a precondition to filing TPR petition)
- Dept. of Human Services v. W. H. R., 254 Or App 298 (reversal of permanency judgment can invalidate subsequent TPR judgment)
- Dept. of Human Services v. T. R., 251 Or App 6 (discussing facial defectiveness of some permanency judgments)