561 P.3d 1153
Or. Ct. App.2024Background
- Mother appeals a juvenile court judgment changing the permanency plan for her son A.C. from reunification to adoption after serious nonaccidental injuries to the child led to DHS involvement.
- The child's father admitted causing the injuries and was criminally convicted; mother was not present at the time but delayed seeking medical care and continued to leave the child in father’s care.
- Dependency jurisdiction was based substantially on mother’s lack of parenting skills due to mental health and perceived cognitive limitations, as well as her failure to understand or meet the child’s special needs following severe injuries.
- DHS attempted reunification by providing mother with multiple parenting classes, a parent mentor, supervised visits, opportunities to attend medical appointments, and transportation assistance; despite this, concerns about her comprehension and parenting ability persisted.
- The juvenile court concluded that DHS made reasonable efforts toward reunification but that A could not safely return to mother’s care, and changed the permanency plan to adoption; mother appealed, arguing DHS had not followed all professional recommendations and had not provided sufficient in-home supports.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS made reasonable efforts to reunite mother and child | DHS did not provide all recommended services | DHS focused services appropriately on parenting-skill deficiencies | DHS’s efforts were reasonable |
| Need for non-offending parent class and multi-modal instruction | DHS ignored psychologist’s specific advice | Class was not necessary given adjudicated jurisdictional bases | Omission did not make efforts unreasonable |
| Need for 24/7 professional in-home safety support | DHS failed to identify or provide such aides | Such supports were considered but not feasible or temporarily adequate | Efforts to identify supports were reasonable |
| Appropriateness of changing permanency plan to adoption | Not appropriate due to insufficient efforts | Reasonable efforts had been made and safety concerns persisted | Change to adoption plan affirmed |
Key Cases Cited
- Dept. of Human Services v. Y. B., 372 Or 133 (2024) (review standard for juvenile court factual findings is whether any evidence supports them)
- Dept. of Human Services v. C. H., 373 Or 26 (2024) (review of reasonable efforts determination is for legal error and in light most favorable to trial disposition)
- Dept. of Human Services v. D. M., 310 Or App 171 (2021) (reasonable efforts must address adjudicated jurisdictional bases and give parents a real opportunity to improve)
- Dept. of Human Services v. L. A. K., 306 Or App 706 (2020) (jurisdictional bases set the expectation of services for reasonable efforts)
- Dept. of Human Services v. J. D. R., 312 Or App 510 (2021) (analyzing reasonableness of efforts by considering the potential benefit of unoffered services)