Dept. of Human Services v. G. P. B.

“A party opposing a change of permanency plan to adoption has the burden of proving the presence of a compelling reason to forgo that plan change.” Dept. of Human Services v. S. J. M., 364 Or 37, 430 P3d 1021 (2019).

Mother appealed a permanency judgment of the juvenile court which changed the permanency plans for her two children from reunification to adoption. On appeal, Mother argued that the juvenile court erred in ruling that no compelling reason existed to forgo implementing the adoption plan. After Mother filed her opening brief, the Supreme Court issued its decision in Dept. of Human Services v. S. J. M., 364 Or 37, 430 P3d 1021 (2019). The Supreme Court held that, “[A] party opposing a change of permanency plan to adoption has the burden of proving the presence of a compelling reason to forgo that plan change.” S. J. M.,364 Or at 56. The Court found that the record reveals little reason to believe that mother could persuade a juvenile court on remand that she was successfully participating in services that would make it possible for the children to safely return home within a reasonable time. The Court held that the record did not establish that a compelling reason existed to forgo changing the permanency plan to adoption. Affirmed.