Dept. of Human Services v. H.P.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 09-19-2012
  • Case #: A150718
  • Judge(s)/Court Below: Schuman, P.J. for the Court; Wollheim, J.; and Nakamoto, J.
  • Full Text Opinion

When entering judgments regarding a child's permanency plan, the trial court must attach a fact finding report from the Department of Human Services; otherwise the judgment does not satisfy statutory requirements.

Father appealed two judgments regarding the changing and continuance of the permanency plan for three of his children from reunification to adoption. Three of the Father's five children were taken by the Department of Human Services (DHS). At a hearing in October, the children's permanency plan was changed from reunification to adoption based on testimony from a DHS caseworker. More than two months later, a judgment was entered by DHS despite statutory requirements that it be entered within 20 days of the hearing. In a subsequent hearing two weeks later, the juvenile court issued a continuance of the permanency plan. In both judgments, the court did not attach a "fact finding" document issued by DHS to the family. Father argued on appeal that the juvenile court failed to consider relevant statutory requirements when they made the change from reunification to adoption, as well as the continuance, because they did not attach the necessary fact finding document to either judgment as required by a statute. The Court of Appeals reversed and remanded the judgments in order to correct the deficiencies regarding what the juvenile court adopted as its findings since none were attached. Reversed and remanded.

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