Department of Human Services v. K.D.S.

Under ORS 419B.918(1) and ORS 419B.918(7), a court may exercise discretion in its decisions, however the court “is obligated to make a record of that exercise” and must “describe the basic reasons for its discretionary decisions” that enables “appellate courts to engage in meaningful review of the court’s exercise of discretion.” Olson and Olson, 218 Or App 1 (2008); State v. Kacin, 237 Or App 66 (2010).

Mother appealed the judgment that terminated her parental rights to her two children. Mother assigned error to the court refusing to allow her to appear by telephone at the conference, and that the court abused its discretion when it held a prima facie trial that terminated her rights. On appeal, Mother argued that because the court failed to articulate why her request was not granted, the court failed to “make a record sufficient” for review. Furthermore, Mother argued that, given the interests that were at stake, the reasons that denied her appearance by phone were insufficient. In response, DHS argued that the court did not abuse its discretion and that the record established the basis for the court’s decision because Mother was offered a “travel voucher,” the children’s attorney objected to her appearance by phone, and Mother knew the consequences of “failing to appear.” Under ORS 419B.918(1) and ORS 419B.918(7), a court may exercise discretion in its decisions. However, the court “is obligated to make a record of that exercise” and must “describe the basic reasons for its discretionary decisions” that enables “appellate courts to engage in meaningful review of the court’s exercise of discretion.” Olson and Olson, 218 Or App 1 (2008); State v. Kacin, 237 Or App 66 (2010). The Court held that the juvenile court failed to “describe the basic reasons” because the record did not indicate what matters were considered and how it considered them. Reversed and remanded.