Dept. of Human Services v. ST, 240 Or. App. 193

DHS petitioned for permanency for a child (T.D.) in foster care with nonrelatives; child is five, has lived in substitute care for one-third of his life, and is bonded to mother, father, and foster parents.
DHS argued for adoption as the permanency plan; Mother urged guardianship and suggested possible mediation for ongoing contact.
Hearing included discussion of open adoption; both side acknowledged open adoption involves ongoing contact with birth relatives under ORS 109.305.
Court found open adoption would best meet child’s needs but stated it could not mandate an open adoption if the adoptive placement could not agree; if open adoption failed, a new permanency hearing would be required.
Court determined adoption as the plan, contingent on open adoption; it expressly stated it could not mandate open adoption and ordered a concurrent plan and termination petitions.
Mother appealed, arguing the plan was not authorized by statute because it depended on openness; DHS contends the plan was adoption with an open-adoption best-interest finding rather than a mandate.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the court ordered an open adoption as a plan	Mother: plan cannot be open adoption; statute does not authorize open adoption as a plan.	DHS: court ordered adoption with a best-interest finding for open adoption; not a mandate, but a plan subject to circumstance.	Court did not order open adoption; it ordered adoption with an open-adoption best-interests finding.
Whether the permanency plan of adoption was authorized under ORS 419B.476	Mother: adoption as the plan is invalid if not guaranteed to be open to contact.	DHS: adoption is a valid permanency plan; court can review or modify plan as circumstances change.	Adoption was a permissible permanency plan; court could rely on evidence predicting open adoption and modify if needed.
Whether the court erred in prioritizing permanency via adoption over guardianship when contact with birth family is a concern	Mother: guardianship would better protect child’s health and contact needs.	DHS: open adoption best balances permanency and contact; guardianship at less permanency; court found open adoption likely and preferable.	Finding adoption with open adoption as best path was not error; court could foresee likelihood of open adoption and proceed.

State ex rel Dept. of Human Services v. S.L., 211 Or.App. 362 (2007) (preponderance standard for permanency plan; binding findings of historical fact.)
Dept. of Human Services v. C.Z., 236 Or.App. 436 (2010) (review of juvenile court findings on permanency plans under ORS 419B.469-476.)