Dept. of Human Services v. C. M. D.

If a compelling reason exists to determine that filing a petition to terminate parental rights would not be in the child’s best interest, a plan of adoption cannot be continued. Dept. of Human Services v. M.H., 258 Or App 83, 85, 308 P3d 311 (2013).

Mother appealed the juvenile court's determination to continue the plan of adoption for R, rejecting DHS and Mother's argument that the plan should be changed back to reunification. On appeal, Mother argued that R has repeatedly expressed his desire to live with Mther and she has made the adequate progress in her ability to parent R. If a compelling reason exists to determine that filing a petition to terminate parental rights would not be in the child’s best interest, a plan of adoption cannot be continued. Dept. of Human Services v. M.H., 258 Or App 83, 85, 308 P3d 311 (2013). The Court found that given R's high needs, Mother cannot yet parent R safely, nor within a reasonable time. The Court held that it was not clear error for the juvenile court to continue the plan of adoption and, therefore, affirmed the juvenile court’s decision.