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Dept. of Human Services v. T.R.

Summarized by: 

Date Filed: 07-05-2012
Case #: A149823
Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A149823.pdf

Juvenile Law: Changing a permanency plan from reunification to adoption requires a showing that a parent has not made sufficient progress in spite of DHS's reasonable efforts to provide the child a safe home.

Father and Mother appealed the juvenile court’s change of a child’s permanency plan from reunification to adoption. Child was put in DHS custody after 27 fractures were discovered on Child’s body. The parents participated fully in DHS-provided parental training but did not explain the nature of Child’s injuries. Because of this, the State argued that the parents had not fulfilled the required training, while the parents argued that they had completed all training provided to them. The standard for enforcing a DHS adoption requires a showing that a parent has not made sufficient progress in spite of DHS’s reasonable efforts to create a safe home. The juvenile court determined Child could not return safely home. Parents argued that the court gave undue weight to the parent’s decision not to explain child’s injuries and that DHS should have provided preventative abuse treatment. The Court of Appeals held that DHS offered the parents reasonable services and the parents did not make the necessary progress required. The Court’s failure to make the findings required by ORS 476B.476(5)(b)(B) was not fatal because it did not go to the heart of the judgment. Affirmed.