Dept. of Human Services v. S. A.

Under ORS 419B.476(5), a juvenile court is required to make a permanency plan determination after a permanency hearing, even where the hearing is combined with a guardianship hearing.

Father appealed a juvenile court order establishing guardianship for Father’s child, C. The order came after Father had requested a change in the permanency plan for C from guardianship to reunification. The court issued an order establishing guardianship under ORS 419B.366. Father contended that the order was in error because it failed to include the permanency determinations required by ORS 419B.476(5) and the court lacked sufficient evidence to support its determination of guardianship. The Court of Appeals found that Father had not yet abandoned his request for a permanency plan determination and as such the juvenile court erred in failing to determine whether the permanency plan for C should remain guardianship or be changed to reunification. The Court also found that the evidence before the juvenile court met the court’s “any evidence” standard of review, and because Father did not object nor present any contrary evidence, the court did not err in adopting the suitability and willingness finding. Affirmed in part, reversed in part, and remanded for further proceedings.