Dept. of Human Services v. D. L.

“ORS 419B.100(1)(c) authorizes a juvenile court to take dependency jurisdiction over a child where the evidentiary record before the court allows for the determination that the ‘child’s condition or circumstances expose child to a current threat of serious loss or injury that is likely to be realized.’” Dept. of Human Services v. C. D. B., 299 Or App 513, 514, 450 P3d 1032 (2019). ORS 419B.340(1) requires DHS “to make ‘reasonable efforts’ to make possible a child’s safe return home while the dependency case is pending.” Dept. of Human Services v. J. F. D., 255 Or App 742, 747, 298 P3d 653 (2013). “’Reasonable efforts’ for purposes of ORS 419B.340 are ones that assist parents in making the adjustments needed to become minimally adequate parents.” State ex rel Juv. Dept. v. Williams, 204 Or App 496, 506-07, 130 P3d 801 (2006).

Mother appealed a juvenile court judgment in which the court took dependency jurisdiction of her 13-year-old daughter under ORS 419B.100(1)(c). The juvenile Court found that mother had physically assaulted her daughter and that mother has anger and impulse control problems which make negatively impact her ability to safely parent her daughter.  On appeal, mother first argued that the evidence is not sufficient enough to support the court’s determination that it has dependency jurisdiction of her daughter. Mother next argued that the court erred in finding that DHS made reasonable efforts to reunify mother with daughter, as required by ORS 419B.340. Lastly, mother argued that the court plainly erred in ordering mother to participate in a psychological evaluation.  “ORS 419B.100(1)(c) authorizes a juvenile court to take dependency jurisdiction over a child where the evidentiary record before the court allows for the determination that the ‘child’s condition or circumstances expose child to a current threat of serious loss or injury that is likely to be realized.’” Dept. of Human Services v. C. D. B., 299 Or App 513, 514, 450 P3d 1032 (2019). ORS 419B.340(1) requires DHS “to make ‘reasonable efforts’ to make possible a child’s safe return home while the dependency case is pending.” Dept. of Human Services v. J. F. D., 255 Or App 742, 747, 298 P3d 653 (2013). “’Reasonable efforts’ for purposes of ORS 419B.340 are ones that assist parents in making the adjustments needed to become minimally adequate parents.” State ex rel Juv. Dept. v. Williams, 204 Or App 496, 506-07, 130 P3d 801 (2006). The Court of Appeals held that the juvenile court did not err as to the first and third assignments of error.  The Court held that the juvenile court erred in finding that DHS made reasonable efforts to reunify her with her child as DHS in fact “did very little” in trying to reunite the mother and child. Reversed and remanded for correction of reasonable efforts determination; otherwise affirmed.