Department of Human Services v. M. A. H.
284 Or. App. 215
| Or. Ct. App. | 2017Background
- DHS removed mother’s three children in Nov 2014; juvenile court took jurisdiction in Jan 2015 based on criminal activity, substance abuse, lack of parenting skills, and unsafe care providers.
- New dependency petitions in June 2015 alleged mother had mental health issues interfering with parenting; these created separate 2015 case numbers and led to concurrent cases.
- DHS sought adoption in the 2014 cases; appellate decision vacated earlier permanency judgments because concurrent cases cannot have conflicting plans. Cases later consolidated.
- DHS filed and won a termination trial in March 2016, paused services, then resumed contact after this court’s remand; permanency hearing at issue occurred July 2016.
- At the permanency hearing DHS acknowledged a recent lapse in services but presented evidence of earlier and resumed referrals and consultations with mother’s mental-health provider; mother was receiving DBT from March 2016 through the service gap.
- The juvenile court changed permanency plans to adoption, finding DHS had made reasonable reunification efforts overall; mother appealed solely arguing DHS failed to make efforts to assist with her mental health, a jurisdictional basis.
Issues
| Issue | Mother’s Argument | DHS’s Argument | Held |
|---|---|---|---|
| Whether DHS made reasonable efforts to enable reunification under ORS 419B.476(2)(a) | DHS made no efforts to address mother’s mental health (a jurisdictional basis) in the critical 11-month period, so efforts were unreasonable as a matter of law | DHS made multiple mental-health referrals, consulted with providers, provided extensive services on other adjudicated bases, and mother engaged in counseling during DHS’s short lapse | Court affirmed: viewing the totality of circumstances, DHS’s efforts (including referrals, consultations, and services over the case duration) were reasonable |
Key Cases Cited
- Dept. of Human Services v. N. P., 257 Or App 633 (standard of review; view evidence in light most favorable to juvenile court)
- Dept. of Human Services v. M. J. H., 278 Or App 607 (error to have conflicting permanency plans in concurrent cases)
- Dept. of Human Services v. S. M. H., 283 Or App 295 (elements for changing reunification plan under ORS 419B.476(2)(a))
- Dept. of Human Services v. C. L. H., 283 Or App 313 (reasonable efforts = fair opportunity to act as minimally adequate parent)
- State ex rel Juv. Dept. v. Williams, 204 Or App 496 (reasonableness depends on particular circumstances)
- Dept. of Human Services v. S. S., 278 Or App 725 (efforts evaluated over the case with emphasis on a period sufficient to assess parental progress)
- Dept. of Human Services v. M. K., 257 Or App 409 (factors for totality-of-circumstances analysis)