Dept. of Human Services v. K. G. T.

“[W]hen a parent complains that DHS has not provided adequate services, a court making ‘reasonable efforts’ determination must consider not only the burdens that the state would shoulder in providing those services, but also what benefit might reasonably be expected to flow from them.” Dept. of Human Services v. M. K., 257 Or. App. 416, 416, 306 P.3d 763 (2013).

Father appealed a judgment that altered the permanency plan from reunification to adoption regarding his son. Father assigned error to the juvenile court’s conclusion that reasonable efforts were made between DHS and Father to reunite him with his son. Father argued DHS did not allow him a reasonable opportunity to demonstrate capacity to become an adequate parent. DHS argued that it was not reasonable to expect such services to Father while in prison because it would be contrary to DHS’s goal of timely permanency for children involved. “[W]hen a parent complains that DHS has not provided adequate services, a court making ‘reasonable efforts’ determination must consider not only the burdens that the state would shoulder in providing those services, but also what benefit might reasonably be expected to flow from them.” Dept. of Human Services v. M. K., 257 Or. App. 416, 416, 306 P.3d 763 (2013). The Court held that because DHS did not explore other options for Father while in prison, it was impossible to know if DHS was being reasonable toward reunification or not. Reversed.