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Dept. of Human Services v. T.R.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 07-05-2012
  • Case #: A149823
  • Judge(s)/Court Below: Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.

Changing a permanency plan from reunification to adoption requires a showing that a parent has not made sufficient progress in spite of DHS's reasonable efforts to provide the child a safe home.

Father and Mother appealed the juvenile court鈥檚 change of a child鈥檚 permanency plan from reunification to adoption. Child was put in DHS custody after 27 fractures were discovered on Child鈥檚 body. The parents participated fully in DHS-provided parental training but did not explain the nature of Child鈥檚 injuries. Because of this, the State argued that the parents had not fulfilled the required training, while the parents argued that they had completed all training provided to them. The standard for enforcing a DHS adoption requires a showing that a parent has not made sufficient progress in spite of DHS鈥檚 reasonable efforts to create a safe home. The juvenile court determined Child could not return safely home. Parents argued that the court gave undue weight to the parent鈥檚 decision not to explain child鈥檚 injuries and that DHS should have provided preventative abuse treatment. The Court of Appeals held that DHS offered the parents reasonable services and the parents did not make the necessary progress required. The Court鈥檚 failure to make the findings required by ORS 476B.476(5)(b)(B) was not fatal because it did not go to the heart of the judgment. Affirmed.

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