Dept. of Human Services v. D. L. G.

Under ORS 419B.476(5)(d), "the person or entity seeking to assert one of the exceptions in ORS 419B.498(2) bears the burden of proving that an exception to the prompt filing of a termination petition applies." Dept. of Human Services v. S.J.M., 283 Or App 367, 393-94, 388 P3d 417(2017), rev'd, 364 Or 37, 430 P3d 1021 (2018).

Mother and Father appealed from permanency judgments in which the juvenile court changed their child’s permanency plan from reunification to adoption. Mother and Father assigned error to the juvenile court’s finding that no other permanency plan would better meet their child’s needs. On appeal, Mother and Father argued that deficiencies in the evidentiary record were a “compelling reason” to forego the termination of their parental rights pursuant to ORS 419B.498(2). In response, the Department of Human Services ("DHS") argued that Mother and Father failed to meet their burden to show that there was a “compelling reason” to forego termination of their parental rights. Under ORS 419B.476(5)(d), "the person or entity seeking to assert one of the exceptions in ORS 419B.498(2) bears the burden of proving that an exception to the prompt filing of a termination petition applies." Dept. of Human Services v. S.J.M., 283 Or App 367, 393-94, 388 P3d 417(2017), rev'd, 364 Or 37, 430 P3d 1021 (2018). The Court held that the juvenile court did not err when it changed the permanency plan because Mother and Father failed to present evidence sufficient to meet their burden of showing that any of the exceptions under ORS 419B.498(2) applied.

Affirmed.