Dept. of Human Services v. V. A. R.

To change W’s permanency plan from reunification to placement with a fit and willing relative under ORS 419B.476, the juvenile court was required to determine (1) that DHS made reasonable efforts to reunify W with his mother, and (2) that mother’s progress was not sufficient to allow reunification. Dept. of Human Services v. L.L.S., 290 Or App 132, 137-138, 413 P3d 1005 (2018). “Reasonable efforts” for purposes of ORS 419B.476(2)(a) are “efforts that focus on ameliorating the adjudicated bases for jurisdiction, and that give ‘parents a reasonable opportunity to demonstrate their ability to adjust their conduct and become minimally adequate parents.’” Id.

Mother appealed permanency judgments changing the permanency plan for her 13-year old son, W, from reunification to placement with a fit and willing relative. On appeal, Mother argued that the juvenile court erred when it determined that DHS made reasonable efforts to reunify W with mother, as required by ORS 419B.476(2)(a). To change W’s permanency plan from reunification to placement with a fit and willing relative under ORS 419B.476, the juvenile court was required to determine (1) that DHS made reasonable efforts to reunify W with his mother, and (2) that mother’s progress was not sufficient to allow reunification. Dept. of Human Services v. L.L.S., 290 Or App 132, 137-138, 413 P3d 1005 (2018). “Reasonable efforts” for purposes of ORS 419B.476(2)(a) are “efforts that focus on ameliorating the adjudicated bases for jurisdiction, and that give ‘parents a reasonable opportunity to demonstrate their ability to adjust their conduct and become minimally adequate parents.’” Id. The Court found that DHS did not provide the necessary type of parental training that constitutes a reasonable effort to reunify W with his mother, and therefore, the permanency judgments of the juvenile court were reversed and remanded.