Willamette Law Online

Oregon Court of Appeals


Dept. of Human Services v. M.M.B.

Summarized by: 

Date Filed: 11-07-2012
Case #: A150296
Nakamoto, J. for the Court; Schuman, P. J.; and Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A150296.pdf

Juvenile Law: An order for guardianship will be upheld if the juvenile court makes the necessary findings of fact as laid out in ORS 419B.476.

Mother appealed the juvenile court's decision to deny dismissal of jurisdiction and wardship over her son, A. In 2010, Mother plead guilty to misdemeanor fourth-degree assault against her daughter O. She was prohibited contact with her children until she completed programs including alcohol treatment and parenting class. Mother filed for dismissal of jurisdiction and wardship after completing the classes. The court denied dismissal and amended the permanency plan from reunification to durable guardianship on finding that she had not progressed significantly enough. Mother argued that she wasn't on notice of what she must do to prevent guardianship and that the judgment was defective under ORS 419B.476. The Court of Appeals held that Mother was on notice that she needed to address her alcohol problem and abusive behavior, and that the court had made the necessary findings of fact under ORS 419B.476(2)(a) and ORS 419B.476(5)(e) and the record supported changing the permanency plan. Affirmed.