Dept. of Human Services v. A. H., 505 P.3d 1064

Two of mother’s children, C and L, were wards after removal based on severe abuse/neglect of older siblings and related parental conduct.
Psychological evaluations (Clausel, Lake) found mother functioning in the borderline intellectual range and needing intensive, insight-oriented counseling to address family dynamics and her role in past abuse.
Mother attended weekly therapy with a chosen therapist (Whittaker) that addressed anxiety/depression but did not meaningfully address Clausel’s recommendations; DHS provided Clausel’s report to Whittaker and made other service referrals (e.g., Family Care Collaborative) that mother declined or failed to engage.
Juvenile court held a permanency hearing and orally found DHS’s reunification efforts to be a close call but ultimately reasonable; the court incorporated those oral findings into written permanency judgments changing plans from reunification to guardianship.
DHS prepared and served the written judgments; mother had 10 days to review and object before entry but did not; she appealed, arguing (1) the written judgments failed to include the findings required by ORS 419B.476(5) and (2) DHS’s efforts were not reasonable.

Issue	Mother’s Argument	DHS’s Argument	Held
Whether the permanency judgments failed to include the written findings required by ORS 419B.476(5)	The judgments omitted statutorily required written findings; incorporation of oral findings is insufficient; preservation not required because issue arose on entry	The claim was unpreserved; any error is not plain because the court’s oral findings were incorporated and the omission was harmless	Unpreserved; no plain error—oral findings were incorporated into the written judgments and any omission was harmless; affirmation
Whether DHS made reasonable efforts to reunify	DHS left mother to choose/coordinate therapy despite Clausel’s diagnosis and did not actively ensure therapy addressed core issues; therefore efforts were not reasonable	DHS provided Clausel’s report to therapist, offered additional services (FCC), and could not force mother to accept specific providers; mother declined services and was not forthcoming	Juvenile court did not err—under the totality of circumstances DHS made reasonable efforts to facilitate reunification; affirmation

Dept. of Human Services v. L. B., 246 Or App 169 (discusses statutory requirement for explicit findings in permanency-judgment changes)
State ex rel Dept. of Human Services v. M. A., 227 Or App 172 (preservation and when practical ability to object is required for permanency judgments)
Dept. of Human Services v. H. P., 252 Or App 346 (practical ability rule for preservation where judgment entered after hearing)
State v. Brown, 310 Or 347 (definition and standards for plain error review)
Dept. of Human Services v. L. A. K., 306 Or App 706 (DHS bears burden to prove reasonable efforts by a preponderance)
Dept. of Human Services v. L. L. S., 290 Or App 132 (definition of reasonable efforts and focus on ameliorating adjudicated bases)