Dept. of Human Services v. D. I. R.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 04-26-2017
  • Case #: A163181
  • Judge(s)/Court Below: DeVore, J. for the Court; Duncan, P.J.; & Garrett, J.
  • Full Text Opinion

There must be sufficient evidence on the record to support the juvenile court’s determination concerning the possibility to return a child home in reasonable time. Dept. of Human Services v. S. J. M., 283 Or App 367, 394, 388 P3d 417, rev allowed, 361 Or 350 (2017).

Mother and Father, Petitioners, appealed a permanency judgment that changed the permanency plan from reunification to adoption. Petitioners assigned error to the juvenile court’s finding that the child could not be returned home in a reasonable time because Petitioners had not made sufficient progress. Petitioners argued they have made progress and will continue to make progress through the services provided which would allow their child to be returned in a reasonable time. There must be sufficient evidence on the record to support the juvenile court’s determination concerning the possibility to return a child home in reasonable time. Dept. of Human Services v. S. J. M., 283 Or App 367, 394, 388 P3d 417, rev allowed, 361 Or 350 (2017). The Court of Appeals found the evidence on the record regarding the child’s specific needs, the Petitioner’s history of relapse, and multiple previous removals sufficient to support the juvenile court’s determination that the child cannot be safely returned home in a reasonable time. Affirmed. 

Advanced Search