463 P.3d 592
Or. Ct. App.2020Background
- S born Nov 2017 with neonatal withdrawal; DHS filed dependency (Mar 2018) and court took jurisdiction Apr 2018 based solely on father’s incarceration/unavailability.
- Father has been in federal custody (Sheridan) since Sept 2017; potential sentence 7–20 years at time of the June 2019 permanency hearing.
- Father consistently proposed his sister, Collins (Georgia), as a permanent caregiver; Collins contacted DHS in Aug 2018 and provided documentation, but DHS would not pursue out-of-state placement while the case plan remained reunification.
- Paternity testing was delayed (prison logistics, DHS did not pursue alternatives); father arranged the test and paternity was confirmed Apr 25, 2019.
- ICPC paperwork to consider Collins was sent to Georgia on June 7, 2019 (about 2 weeks before the permanency hearing); limited phone/video contact and a canceled video call between Collins and S occurred shortly before the hearing.
- Juvenile court found DHS made reasonable efforts (citing prison obstacles, father’s earlier inappropriate communications, and some caseworker efforts). The Court of Appeals reversed, holding DHS failed to make reasonable efforts and remanded.
Issues
| Issue | Father’s Argument | DHS’s Argument | Held |
|---|---|---|---|
| Whether DHS made "reasonable efforts" to reunify father and child before changing the permanency plan to adoption | DHS blocked or delayed father’s ability to enlist Collins (out-of-state caregiver); DHS refused to allow adequate time for ICPC, paternity confirmation, and contact, denying father a reasonable opportunity to effectuate placement | DHS contends it made reasonable efforts: arranged local relative placement, facilitated visits/calls, followed medical advice, and began ICPC after paternity confirmation; delays attributable to prison logistics and father’s conduct | Reversed: DHS did not meet its burden. Refusing to consider Collins while plan was reunification and initiating ICPC/contact only weeks before the hearing denied father a reasonable opportunity; remanded |
Key Cases Cited
- Dept. of Human Services v. L. L. S., 290 Or App 132 (2018) (defines reasonable efforts and treats reunification as restoration of parental decision-making, not only physical custody)
- Dept. of Human Services v. S. M. H., 283 Or App 295 (2017) (reasonable-efforts focus on ameliorating adjudicated bases and giving parents opportunity to become minimally adequate)
- Dept. of Human Services v. D. M. R., 301 Or App 436 (2019) (DHS bears burden to prove reasonable efforts; futility is not an excuse for failing to assist)
- Dept. of Human Services v. V. A. R., 301 Or App 565 (2019) (applies reasonable-efforts standard in permanency context)
- Dept. of Human Services v. T. L., 279 Or App 673 (2016) (incarcerated parents may ameliorate harm by enlisting others as caregivers)
- Pereida-Alba v. Coursey, 356 Or 654 (2015) (presumption that a trial court’s implicit factual findings are consistent with its legal conclusion)