Dept. of Human Services v. C.S.C.

"If DHS advocates for a change in the child's permanency plan, DHS must establish, by a preponderance of the evidence, both that it has made reasonable efforts towards safely reunifying the family and that the child's parents have nonetheless made insufficient progress for that to occur." Dept. of Human Services v. S.M.H., 283 Or App 295, 305, 388 P3d 1204 (2017).

Father appealed the juvenile court decision to change a child's permanency plan to an adoption.  Father assigned error to the court's conclusion that the Department of Human Services (DHS) made reasonable efforts to enable either parent to become a minimally adequate parent.  Father argued that DHS still had to make reasonable efforts to assist him even through his incarceration, but that DHS services were insufficient for both him and Mother.  DHS argued that Father did not preserve arguments regarding DHS services for Mother, and that it had made reasonable efforts to assist Father, in light of his mental health issues and ability to safely parent as well as the likelihood that the parent would benefit from services in a way that would increase the chance of family reunification.  "If DHS advocates for a change in the child's permanency plan, DHS must establish, by a preponderance of the evidence, both that it has made reasonable efforts towards safely reunifying the family and that the child's parents have nonetheless made insufficient progress for that to occur." Dept. of Human Services v. S.M.H., 283 Or App 295, 305, 388 P3d 1204 (2017).  The Court concluded that the juvenile court did not err because DHS needed only provide reasonable services, rather than ideal services.  Affirmed.