Dept. of Human Services v. D. M. R.
301 Or. App. 436
| Or. Ct. App. | 2019Background
- M was removed from parents’ care in Dec. 2017 after domestic violence; the juvenile court asserted jurisdiction over father based on his admission that a "chaotic lifestyle and chaotic relationship with mother" impaired his parenting.
- DHS provided various general services to father: bus passes, occasional phone minutes, referrals to housing providers (St. Vinnie’s, The Mission), a navigator, parent-training (including 50+ visits), a court-ordered psychological evaluation, and counseling (father later received VA counseling).
- DHS also referred father to "Womenspace" (a referral made after DHS concluded father was a victim of domestic violence), but DHS presented little or no evidence about Womenspace’s programming or how it addressed father’s chaotic relationship with the mother.
- Father maintained the relationship with mother (dropped a restraining order to help her), completed court-ordered tasks, testified he bought a motorhome and consistently attended parenting visits; DHS argued father’s refusal to end the relationship impeded reunification.
- The juvenile court found DHS made reasonable efforts to assist parents (citing the services and referrals) and changed M’s permanency plan from reunification to adoption.
- The Court of Appeals reversed, holding DHS failed to prove its efforts were reasonably related to ameliorating the specific jurisdictional basis (father’s chaotic relationship) because the record lacked evidence that the services offered would address that specific danger to the child.
Issues
| Issue | Plaintiff's Argument (DHS) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether DHS made reasonable efforts to assist father in ameliorating the jurisdictional basis (chaotic relationship) | DHS argued its referrals and general supports (bus passes, parent training, Womenspace referral, housing referrals, counseling coordination) constituted reasonable efforts | Father argued DHS did not show those services were targeted to or capable of addressing the adjudicated basis (his chaotic relationship with mother) | Court held DHS failed to prove its efforts were reasonably related to ameliorating the jurisdictional basis and thus did not meet its burden |
| Whether the referral to Womenspace could be inferred to address father’s chaotic relationship despite lack of evidence about services | DHS urged the court could infer Womenspace helps domestic-violence victims and thus could have helped father | Father argued DHS presented no evidence about Womenspace’s programs or how they would ameliorate the specific risk | Court held the record lacked foundational evidence to reasonably infer Womenspace provided relevant services, so the referral was insufficient |
| Whether father’s refusal to use DHS-referred services excuses DHS from offering further or different services | DHS argued father’s self-selection out of certain DHS services supported the conclusion efforts were reasonable | Father argued his use of alternative services and initiative does not relieve DHS of its burden to provide services targeted to the adjudicated basis | Court held a parent’s refusal to use DHS services does not excuse DHS from offering services reasonably tailored to the jurisdictional basis |
Key Cases Cited
- Dept. of Human Services v. G. N., 263 Or App 287 (standard of review for juvenile permanency judgments)
- Pereida-Alba v. Coursey, 356 Or 654 (presumption and limits of implicit factual findings)
- Dept. of Human Services v. S. M., 355 Or 241 (statutory framework for permanency hearings)
- Dept. of Human Services v. S. M. H., 283 Or App 295 (DHS’s burden to prove reasonable efforts)
- Dept. of Human Services v. D. L. H., 251 Or App 787 (reasonableness assessed in view of nature of parent’s problems)
- Dept. of Human Services v. L. L. S., 290 Or App 132 (caseworker futility beliefs do not excuse DHS from providing services)
- Dept. of Human Services v. J. J. B., 291 Or App 226 (focus on child welfare when domestic violence or related conduct is at issue)
- Dept. of Human Services v. M. K., 257 Or App 409 (court must consider expected benefit from services when evaluating reasonableness)