Dept. of Human Services v. J. D. R.

"DHS's efforts are not reasonable when they are not sufficiently aimed at alleviating the specific controlling jurisdictional basis." Dept. of Human Services v. L.A.K., 306 Or App 706, 716, 474 P3d 925 (2020).

Father appealed a permanency judgment that continued his son J's permanency plan of reunification. Father assigned error to the juvenile court's determination that DHS had made reasonable efforts to effect reunification and remediate Father's jurisdictional bases. Father's jurisdictional admission was that "Father was recently diagnosed with Autism Spectrum Disorder with accompanying intellectual impairment, which has impacted his ability to safely parent the child and maintain a safe and appropriate living environment." On appeal, Father argued that DHS failed to investigate or provide services that were targeted toward his autism spectrum disorder. In response, DHS argued that its reunification efforts were complicated by confusion over whether the parents were a couple and the fact that the mother was more committed to taking the necessary steps towards reunification. DHS also argued that it provided a variety of services, which included "counseling, 'parent training,' and in-home visitation." "DHS's efforts are not reasonable when they are not sufficiently aimed at alleviating the specific controlling jurisdictional basis." Dept. of Human Services v. L.A.K., 306 Or App 706, 716, 474 P3d 925 (2020). The Court held that while DHS had provided services targeted at the two tangible issues described in the jurisdictional admission, it failed to provide services targeted at the root issue: Father's autism spectrum disorder. Because DHS failed to provide services targeted at the basis for the jurisdictional admission, the efforts were not reasonable. Reversed and remanded for correction of reasonable efforts determination; otherwise affirmed.