548 P.3d 510
Or. Ct. App.2024Background
- Father (T.F.) had been absent from L.F.'s life since L was a toddler; they had no relationship until DHS located father in West Virginia, following L’s removal from his mother's care in Oregon.
- The Oregon juvenile court asserted jurisdiction over L based initially on the lack of a relationship between father and child, with a goal of reunification; father agreed he needed help to reestablish contact.
- DHS initially arranged Zoom visits and attempted an in-person visit (which father missed); after initial efforts, contact between father and L decreased, and their relationship deteriorated.
- Following new allegations regarding father's parenting (emotional unavailability, lack of engagement, etc.), the court continued dependency jurisdiction and imposed additional requirements, including psychological evaluation, before resuming therapy or visitation.
- A subsequent permanency hearing resulted in the plan being changed from reunification to adoption, with the court finding DHS had made reasonable efforts to reunify, though father had not made sufficient progress.
- Father appealed, asserting DHS failed to make reasonable efforts to address the new bases for jurisdiction that were added during the case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS made reasonable efforts to reunify L with his father in light of new jurisdictional bases | DHS did not provide services or sufficient help to address the new allegations and obstacles to reunification | DHS engaged through initial communications, monthly emails, and efforts supporting original plan | Court found DHS’s efforts insufficient for new jurisdictional bases; reversed and remanded |
Key Cases Cited
- Dept. of Human Services v. J. F. D., 255 Or App 742 (clarifies standard for reasonable efforts by DHS despite a parent’s relocation)
- Dept. of Human Services v. R. W., 277 Or App 37 (explains evaluation of DHS’s reasonable efforts focuses on agency conduct, not just parental cooperation)
- Dept. of Human Services v. S. W., 267 Or App 277 (DHS’s duty to make reasonable efforts not excused by a parent’s incarceration or uncooperativeness)
- Dept. of Human Services v. S. M. H., 283 Or App 295 (applies reasonable efforts standard through lens of adjudicated jurisdictional bases)
- Dept. of Human Services v. D. M. D., 301 Or App 148 (emphasizes assessing reasonable efforts in light of child and parent circumstances)