S. H.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 11-29-2017
  • Case #: A164811
  • Judge(s)/Court Below: Egan, P.J. for the Court; DeHoog, J.; & Aoyagi, J.
  • Full Text Opinion

Per ORS 419B.366(5), a motion for guardianship may be granted only if a juvenile court has "approved a plan of guardianship under ORS 419B.476."

Mother appealed a juvenile court order that denied her motion to set aside guardianship of her three child. Mother assigned error to court’s denial of her motion. On appeal, Mother argued juvenile court had no discretion to deny the motion to set aside guardianship because the Court of Appeals reversed the juvenile court’s permanency judgment after finding the record lacked sufficient evidence that DHS made reasonable efforts to make reunification possible under ORS 419B.476(2)(a). Per ORS 419B.366(5), a motion for guardianship may be granted only if a juvenile court has "approved a plan of guardianship under ORS 419B.476." The Court of Appeals concluded that the juvenile court had no discretion to deny Mother’s motions to set aside the guardianship judgment because the plan of guardianship was reversed on appeal. Accordingly, the Court held that the juvenile court erred in denying Mother's motion. Reversed and remanded.

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