Dept. of Human Services v. M. S. W.

“’[B]efore it can change a permanency plan to adoption, a juvenile court must be able to find affirmatively from the evidence that there is not’ another permanent plan better suited to meet the child’s health and safety needs.” Dept. of Human Services v. J. M. T. M., 290 Or App 635, 638, 415 P3d 1154 (2018).

Mother appealed a permanency judgment which changed her permanency plan from reunification to adoption. Mother assigned error to the juvenile court’s finding that there was not a compelling reason to continue the termination of her parental rights. On appeal, Mother argued that the Department of Human Services failed to meet its burden of establishing that there was sufficient evidence that another permanency plan was better suited for the needs of her child. “’[B]efore it can change a permanency plan to adoption, a juvenile court must be able to find affirmatively from the evidence that there is not’ another permanent plan better suited to meet the child’s health and safety needs.” Dept. of Human Services v. J. M. T. M., 290 Or App 635, 638, 415 P3d 1154 (2018). The Court of Appeals held that there was not enough evidence to support the juvenile court’s finding. Reversed.