Dept. of Human Services v. C. H.

“[I]n determining whether DHS made reasonable efforts, we consider a parent’s lack of cooperation, but we evaluate such lack of cooperation within the context of DHS’s conduct and the case circumstances.” Dept. of Human Services v. R.W., 277 Or App 37, 44 (2016). “In determining whether the parent has made sufficient progress, the juvenile court gives the highest priority to a child’s health and welfare.” Dept. of Human Services v. M. K., 285 Or App 448, 460, rev den, 361 Or 885 (2017).

When A.H. was born prematurely, hospital staff grew concerned about Parents’ ability to care for her and called Department of Human Services (DHS). DHS offered Parents services for two years before determining A.H. should be adopted. The juvenile court held that DHS made a reasonable effort and Parents made insufficient progress to be reunified with A.H. Parents appealed the judgement changing the permanency plan from reunification to adoption. Parents argued DHS’s efforts were not reasonable because a dispute over A.H.’s hairstyling showed the services were not culturally competent and DHS did no more than leave voicemails to contact them before the permanency hearing. “[I]n determining whether DHS made reasonable efforts, we consider a parent’s lack of cooperation, but we evaluate such lack of cooperation within the context of DHS’s conduct and the case circumstances.” Dept. of Human Services v. R.W., 277 Or App 37, 44 (2016). “In determining whether the parent has made sufficient progress, the juvenile court gives the highest priority to a child’s health and welfare.” Dept. of Human Services v. M. K., 285 Or App 448, 460, rev den, 361 Or 885 (2017). The Court found DHS’s actions concerning. However, given the amount and length of services offered, DHS’s efforts were reasonable. DHS continuously tried to provide support, even when Parents declined to engage or denied assistance. The Court concluded the juvenile court did not err in modifying the permanency plan. Affirmed.