Dept. of Human Services v. G.N.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 05-29-2014
  • Case #: A155396
  • Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; and Hadlock, J.
  • Full Text Opinion

In reviewing a juvenile court's judgment, the court views the evidence, as supplemented and buttressed by permissible derivative inference, in the light most favorable to the juvenile court's disposition and asses whether, when so viewed, the record was legally sufficient to permit that outcome.

Father appealed the juvenile court’s decision to change the permanency plan from reunification to another planned permanent living arrangement (APPLA). Child was living with her mother until the mother died in 2009. Father then gained custody of the child. Father married the stepmother and they moved in with the stepmother and four stepchildren. DHS got involved after the Father hurt the child, two stepsibling’s and the stepmother in a domestic violence incident. Soon after, DHS took protective custody of the children and placed them in foster care with the stepmother’s mother. At the permanency hearing, the State sought APPLA. The juvenile court changed the permanency to APPLA because DHS made reasonable efforts toward reunification and the Father’s progress was insufficient. The Father appealed arguing that the court erred in determining DHS’s efforts were reasonable and the Father’s progress was insufficient. The Court found that the juvenile court’s decision was supported by legally sufficient evidence and did not err in changing permanency to APPLA. Affirmed.

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