Department of Human Services v. A.D.J.

To move from reunification to adoption, a juvenile court must “determine whether [(1) DHS] has made reasonable efforts [towards reunification]…[(2)] the parent has made sufficient progress…[for the child]… to safely return,” and (3) there is an existing circumstance to support abandoning or delaying termination of parental rights. ORS 419B.476(2)(a); ORS 419B.476(5)(d); ORS 419B.498(1)-(2).

Mother appealed from a juvenile court judgment that changed her children’s permanency plans from reunification to adoption. Mother assigned error to the juvenile court’s ruling that she was not making successful progress in completing services which would allow her children to be returned within a reasonable time and that the court erred in rejecting her request for durable guardianship. On appeal, Mother argued she was making successful progress in completing the services required of her and that durable guardianship, rather than adoption, was in the best interest of the children. In response, the Department of Human Services (“DHS”), argued the evidence in the record of Mother’s behavior (missed meetings, missed urine tests, observed visits demonstrating her parenting skills had not improved) showed she was not fit to have the children returned for permanent placement within a reasonable amount of time. To move from reunification to adoption, a juvenile court must “determine whether [(1) DHS] has made reasonable efforts [towards reunification]…[(2)] the parent has made sufficient progress…[for the child]… to safely return,” and (3) there is an existing circumstance to support abandoning or delaying termination of parental rights. ORS 419B.476(2)(a); ORS 419B.476(5)(d); ORS 419B.498(1)-(2). The Court held that the record showed that Mother had not made sufficient progress to safely return the children and that a durable guardianship would not provide the stability and permanency of adoption the children required. Affirmed.