Department of Human Services v. H.K.

When family reunification is the desired outcome for a permanency hearing, DHS must show it “has made reasonable efforts for the ward to safely return home.” ORS 419B.476(2)(a). It was not sufficient that DHS only facilitated one in-person family therapy session with the mother.

Mother appealed DHS’s determination during a permanency hearing that reunification of Mother and child was not appropriate. Mother assigned error to the order that found that she was not a minimally adequate parent. Mother argued DHS did not give her ample opportunity to make changes to become a minimally adequate parent. In response, DHS argued child had tried a variety of therapies over a fourteen month period and the relationship between Mother and child continued to deteriorate so the order was appropriate. When family reunification is the desired outcome for a permanency hearing, DHS must show it “has made reasonable efforts for the ward to safely return home.” ORS 419B.476(2)(a). Reasonable efforts are attempts to improve the conditions that led to DHS involvement and give parents the opportunity to “demonstrate their ability to adjust their conduct and become minimally adequate parents.” Dept. of Human Servs. v. W.M., 485 P.3d 316 (Or. App. 2021). The Court reasoned that the child’s mental health professionals agreed that in order to repair the relationship, Mother and child needed to have in-person therapy sessions and that DHS had failed to provide an adequate number of in-person sessions. Accordingly, DHS had not given Mother an opportunity to become a minimally adequate parent. Order reversed and remanded.