Dept. of Human Services v. S.N.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 06-27-2012
  • Case #: A149584
  • Judge(s)/Court Below: Sercombe, J. for the Court; Ortega, P.J.; and Hadlock, J.
  • Full Text Opinion

It is not error for a juvenile court to change a permanency plan, despite progress by a parent, when the environment that the child would be placed in would not be conducive to the child's needs.

Father appealed a permanency judgement that changed the permanency plan regarding Daughter from reunification to placement with a fit and willing relative. Daughter was conceived when Mother was 16 and Father was 58, Daughter was later removed from Mother's custody due to allegations of abuse. Father argues that the juvenile court erred in not finding that he had made sufficient progress to be granted legal guardianship and have Daughter permanently placed within his care. Dept. of Human Services (DHS) argued that Father had been diagnosed with paranoid personality disorder, that Daughter suffered from post traumatic stress disorder [from previous abuse] and that the screaming and yelling by Father, due to his disorder, would not be a sound environment for Daughter. The Court of Appeals held that the juvenile court did not err in changing the permanency plan, finding that Father had not made sufficient progress to have Daughter placed in his custody and that the environment provided by Father would not be suitable for Daughter. Affirmed.

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