Dept. of Human Services v. D.M.

Under ORS 419B.476(2)(a), a child’s permanency plan may be changed from reunification to adoption when a parent fails to make “sufficient progress” and DHS reunification efforts are “reasonable.”

Father challenged a judgment changing his child’s permanency plan from reunification to adoption. He assigned error to the juvenile court’s conclusion he had not made “sufficient progress to allow for reunification.”  Father argued that the Department of Human Services (DHS) did not adequately prove they made reasonable efforts toward reunification, and supporting father’s attempts at reunification. Under ORS 419B.476(2)(a), a child’s permanency plan may be changed from reunification to adoption when a parent fails to make “sufficient progress” and DHS reunification efforts are “reasonable.” The court held that because DHS referred Father to parenting courses and counseling, DHS efforts were “reasonable,” Additionally, the court agreed that appellant had failed to make “sufficient progress.” This is proven by appellant’s denial of the step-mother’s abuse, his lack of engagement with the child’s counselor, and his inability to articulate how he would respond if abuse concerns arose again. Finally, appellant did not propose an alternate parenting plan, demonstrate that the child could be returned home in a reasonable time, or acknowledge the harm caused by previous and continuing circumstances.  Accordingly, the court held that appellant failed to demonstrate a “compelling reason” for overriding the permanency change.