510 P.3d 278
Or. Ct. App.2022Background
- C (born Nov. 2018) was removed from mother’s care for substance use and unsafe partner; father later admitted paternity and both parents were adjudicated on related grounds (mother: substance abuse, failure to protect; father: mental health and parenting deficits, prior involuntary termination).
- The juvenile court’s Action Agreement required housing stability, consistent visitation, parenting instruction, anger management/DBT, updated psychological evaluation, and ongoing mental-health engagement.
- Mother largely failed to engage: missed most individual visits, missed or abandoned substance‑use treatment and other assessments, and denied ongoing substance problems at the permanency hearing.
- Father had extensive prior DHS involvement and had completed many services historically; during this case he attended visits and some programs, but key services (preferred one‑on‑one trainer, Portland DBT) were delayed, assigned trainers were questioned, and some programs were not available or completed only after the hearing.
- C has developmental delays and needs a highly skilled, stable caregiver; C remained placed with paternal grandmother throughout.
- Juvenile court found DHS made reasonable efforts for both parents but that neither had made sufficient progress; trial court changed permanency plan to guardianship. On appeal, the court affirmed the findings as to mother but reversed as to father, holding DHS’s reunification efforts toward father were not reasonable.
Issues
| Issue | Parent's Argument | DHS's Argument | Held |
|---|---|---|---|
| Whether DHS made reasonable efforts to reunify with mother | Mother: COVID limited DHS’s ability to provide recommended services, so she lacked a fair chance | DHS: Provided multiple services and opportunities; mother did not engage | Held: DHS made reasonable efforts as to mother (affirmed) |
| Whether mother made sufficient progress for reunification | Mother: (implicit) lack of opportunity and pandemic constraints | DHS: Mother failed to attend visits and follow up on assessments/treatment | Held: Mother did not make sufficient progress (affirmed) |
| Whether DHS made reasonable efforts to reunify with father | Father: DHS delayed/failed to provide timely, effective services (trainer choice, long DBT waitlists) and provided no services to address his failure to understand/mitigate mother’s risk | DHS: Offered services and expected father to continue engaging and learn via therapy; did not seek relief from reunification duties | Held: DHS did not give father a reasonable opportunity to become minimally adequate; juvenile court erred (reversed) |
| Whether changing permanency plan to guardianship was proper | Parents: change improper because DHS failed reasonable efforts (esp. father) | DHS: Change proper because parents hadn’t made sufficient progress despite offered services | Held: Change upheld as to mother; reversed/remanded as to father because of unreasonable efforts toward him |
Key Cases Cited
- Dept. of Human Services v. W. M., 310 Or App 594 (Or. App. 2021) (defines “reasonable efforts” as giving parents a reasonable opportunity to become minimally adequate parents)
- Dept. of Human Services v. V. A. R., 301 Or App 565 (Or. App. 2019) (standard of review for reasonable‑efforts determinations)
- Dept. of Human Services v. C. W., 312 Or App 572 (Or. App. 2021) (standard of review for sufficient‑progress determinations)
- Dept. of Human Services v. D. M. D., 301 Or App 148 (Or. App. 2019) (evaluate adequacy of efforts in light of potential benefits of unoffered services)
- Dept. of Human Services v. D. M. R., 301 Or App 436 (Or. App. 2019) (DHS bears burden to prove reasonableness of reunification efforts)
- Dept. of Human Services v. S. M. H., 283 Or App 295 (Or. App. 2017) (DHS must make reunification efforts directed at each parent individually)
- Dept. of Human Services v. R. D., 257 Or App 427 (Or. App. 2013) (efforts must be timely so parent has meaningful opportunity before permanency hearing)
- Dept. of Human Services v. N. T., 247 Or App 706 (Or. App. 2012) (jurisdictional findings provide framework for evaluating DHS efforts and parental progress)