Dept. of Human Services v. M.G.J.

“If the case plan at the time of the hearing is to reunify the family, [the court shall] determine whether [DHS] has made reasonable efforts or, if the ward is an Indian child, active efforts as described in ORS 419B.645 to make it possible for the ward to safely return home and whether the parent has made sufficient progress to make it possible for the ward to safely return home. In making its determination, the court shall consider the ward’s health and safety the paramount concerns.” ORS 419B.476(2)(a).

Mother appealed judgments shifting the permanency plans for two of her children from reunification to tribal customary adoption (TCA).   Mother assigned error to the juvenile court’s findings that DHS made active efforts and that Mother failed to make sufficient progress towards reunification. Mother contended that the juvenile court relied on “extrinsic facts” and that DHS failed to show that domestic violence was an ongoing risk to her children.  “If the case plan at the time of the hearing is to reunify the family, [the court shall] determine whether [DHS] has made reasonable efforts or, if the ward is an Indian child, active efforts as described in ORS 419B.645 to make it possible for the ward to safely return home and whether the parent has made sufficient progress to make it possible for the ward to safely return home.  In making its determination, the court shall consider the ward’s health and safety the paramount concerns.” ORS 419B.476(2)(a). The Court found that the juvenile court did not depend on Mother’s poor visitation record to make its findings but rather to emphasize that her conduct continued to harm her children. The Court held that the record provided substantive evidence to support that DHS made active efforts and Mother failed to make sufficient progress for reunification.  AFFIRMED.