Dept. of Human Services v. A.H.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 02-24-2022
  • Case #: A175513
  • Judge(s)/Court Below: Ortega, P.J. for the Court, and Shorr, J., and Powers, J.
  • Full Text Opinion

ORS 419B.476(2)(a) provides that to change a case plan, the court must make certain findings, including the reasonability of DHS’s efforts to transition the ward back into the home.

Mother appealed a permanency judgment that changed the case plan for her children from reunification to guardianship. Mother assigned two error to the trial court having changed the plan despite DHS failing to make reasonable efforts for reunification. ORS 419B.476(2)(a) provides that to change a case plan, the court must make certain findings, including the reasonability of DHS’s efforts to transition the ward back into the home.The Court held that DHS provided a diagnosis and allowed Mother to choose her own treatment professional and that constituted reasonable efforts given the highly private treatment that was required in this case. If Mother's treatment provider was unable to assist, that mistake is not attributable to DHS. Affirmed.

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