Dept. of Human Services v. D.E.A.

A juvenile court may change a child’s permanency plan away from reunification only if DHS proves, among other things, that DHS made “active efforts” to make it possible for the child to be reunited with the parent and, notwithstanding those efforts, the parent’s progress was insufficient to make reunification possible. Dept. of Human Services v. D. L. H., 251 Or App 787, 798, 284 P3d 1233, adh’d to as modified on recons, 253 Or App 600, 292 P3d 565 (2012), rev den, 353 Or 445 (2013).

Petitioners appealed a juvenile court’s decision to change their children’s permanency plans from reunification to guardianship. On appeal, Petitioners assigned error to the juvenile court’s failure to comply with ICWA. In response, Respondent contended that a juvenile court may make changes to a permanency plan subject to ICWA with consent from the Department of Human Services. A juvenile court may change a child’s permanency plan away from reunification only  if  DHS  proves,  among  other  things,  that  DHS  made “active efforts” to make it possible for the child to be reunited with the parent and, notwithstanding those efforts, the parent’s progress was insufficient to make reunification possible. Dept. of Human Services v. D. L. H., 251 Or App 787, 798, 284 P3d 1233, adh’d to as modified on recons, 253 Or App 600, 292 P3d 565 (2012), rev den, 353 Or 445 (2013). Following a totality of circumstances approach, the Court determined that because the Texas placement was the only plausable option for the children, allowed the children to stay together, was supported by the Tribe, involved a family-like setting, and was in the children’s best interests, the juvenile court did not err in modifying the permanency plan. Affirmed.