Dept. of Human Services v. C. W.

To change a permanency plan from reunification to anything else, under ORS 419B.476, DHS must prove by a preponderance of the evidence both: (1) that DHS made "reasonable efforts" to reunify the child with mother; and (2) that, notwithstanding those efforts, mother's progress was not sufficient to allow reunification. Dept. of Human Services v. V. A. R., 301 Ore. App. 565, 567, 456 P3d 681 (2019).

Mother appealed a judgment changing the permanency plan for her son from reunification to adoption. Mother challenged the juvenile court’s determination that her progress towards reunification was insufficient. DHS argued that Mother failed to ameliorate the effects of her substance abuse, and therefore failed to make sufficient progress. To change a permanency plan from reunification to anything else, under ORS 419B.476, DHS must prove by a preponderance of the evidence both: (1) that DHS made "reasonable efforts" to reunify the child with Mother; and (2) that, notwithstanding those efforts, Mother's progress was not sufficient to allow reunification. Dept. of Human Services v. V. A. R., 301 Ore. App. 565, 567, 456 P3d 681 (2019). The Court determined that DHS failed to meet it’s burden of proof to establish Mother’s behavior was “insufficient.” Accordingly, the Court prevented the modification of the permanency plan. Reversed.