Dep't of Human Services v. L.B.

“Active efforts” are those that are “affirmative, active, thorough, timely, and intended to maintain or reunite an Indian child with the Indian child's family,” and require a higher standard than reasonable efforts. ORS 419B.645(1),(3).

Defendant appealed a juvenile permanency judgment which changed the case plan from reunification to guardianship. The children involved were Native children under the Oregon Indian Child Welfare Act (ORICWA) and the federal Indian Child Welfare Act (ICWA), and the relevant statutes were applied. On appeal, Defendant asserted four assignments of error total; two for each child. Defendant argued that the court erred in finding that the Department of Human Services (DHS) made “active efforts” as defined under the ORS 419B.645(1) because DHS failed to offer Defendant additional services suggested by Defendant's counselor. Further, Defendant argued that the court erred in changing the plan from reunification to guardianship. “Active efforts” are those that are “affirmative, active, thorough, timely, and intended to maintain or reunite an Indian child with the Indian child's family” and require a higher standard than reasonable efforts. ORS 419B.645(1),(3). The Court found that DHS worked actively with Defendant, the children, and the tribe toward reunification by offering appropriate and extensive services for reunification. Despite this, Defendant did not make sufficient progress to be considered minimally adequate for reunification. Further, when reviewing active efforts, the court considers “whether a parent will likely benefit from a service. Dept. of Human Services v. M.K., 257 Or App 409, 416, 306 P3d 763 (201). Upon review, the Court found that, even if offered the additional services, Defendant was unlikely to benefit from them. The Court held that the court did not err in making an active efforts determination and changing the plan to guardianship. Affirmed.