Department of Human Services v. T. M. S.
273 Or. App. 286
| Or. Ct. App. | 2015Background
- DHS filed dependency petition in 2013 after mother’s methamphetamine use, domestic violence in home, and substandard living conditions; child T was removed and placed in foster care.
- Mother received counseling, medication management, and an initial psychological evaluation diagnosing multiple disorders and substance dependence; she entered an intensive case management program.
- T was returned to mother in Feb 2014 but mother relapsed in May 2014; T remained with mother under conditions, which mother later violated; T was removed again July 2014 amid suspected ongoing substance use and unsafe contacts.
- Mother continued to struggle with substance abuse and service compliance, testing positive for methamphetamine in Sept 2014 and being discharged from outpatient treatment for noncompliance the day before the November 2014 permanency hearing.
- At the permanency hearing the juvenile court found mother had made progress only with substantial external support, had repeated relapses, had failed to engage in services, and that the bond with T did not outweigh safety concerns; court changed plan from reunification to adoption.
Issues
| Issue | Mother/T’s Argument | DHS’s Argument | Held |
|---|---|---|---|
| Whether mother made sufficient progress to safely return T (ORS 419B.476(2)(a)) | Mother: progress in services and stability supported reunification | DHS: progress depended on intensive supports; relapses and noncompliance show insufficient progress | Court: Insufficient progress; evidence legally sufficient to change plan to adoption |
| Whether mother’s participation in services is a "compelling reason" to avoid filing termination (ORS 419B.498(2)(b)(A)) | Mother: engagement meant child could return within a reasonable time | DHS: participation was inconsistent and recent relapse undermines claim | Court: Participation was not sufficiently successful to be a compelling reason |
| Whether bond between mother and T is a compelling reason to avoid adoption (ORS 419B.498(2)(b)(B)) | Mother/T: T’s attachment and opposition to adoption make adoption inappropriate | DHS: child’s attachment does not outweigh safety risks from mother's substance use and unsafe contacts | Court: Bond alone insufficient; evidence does not establish compelling reason to forego adoption |
| Whether DHS’s failure to complete updated psychological evaluation before hearing denied necessary services (ORS 419B.498(2)(c)) | Mother/T: updated evaluation was needed to assess progress and additional services | DHS: existing services were provided; mother failed to engage and tested positive for drugs recently | Court: No failure to provide necessary services; updated evaluation would not have changed outcome |
Key Cases Cited
- Dept. of Human Services v. D. A. N., 258 Or App 64 (discussing standard of review and viewing evidence in light most favorable to juvenile court)
- Dept. of Human Services v. N. P., 257 Or App 633 (cited for evidentiary review principles)
- State ex rel Dept. of Human Services v. M. A., 227 Or App 172 (legislative intent that courts carefully evaluate DHS’s decision to change permanency plan)
- Dept. of Human Services v. C. L., 254 Or App 203 (describing child-centered determination under ORS 419B.498(2))
- Dept. of Human Services v. M. H., 266 Or App 361 (summarizing required determinations under ORS 419B.498(2))
- State v. L. C., 234 Or App 347 (adoption plan should not be ordered where record shows adoption is unlikely)
- Dept. of Human Services v. L. B., 246 Or App 169 (services-provision issue under ORS 419B.498(2)(c) is a relevant circumstance)