Dept. of Human Services v. T.F.

“The reasonable-efforts inquiry focuses on DHS’s conduct, and a parent’s resistance to DHS’s efforts does not categorically excuse DHS from making meaningful efforts toward that parent.”

Respondent, Father, appeals the juvenile court’s permanency judgment changing the permanency plan from reunification to adoption. Father assigns error to the finding that ODHS made reasonable efforts to return the child to Father. The first petition was filed in 2021 with an original basis of jurisdiction that Father required the assistance of ODHS to establish a relationship with Child. Child lived in Oregon and Father lived in West Virginia. ODHS facilitated zoom visits and attempted once to fly Father to Oregon. ODHS assured the child they supported the child's want to stay in the resource placement. A second petition was filed in September 2022 adding four new bases of jurisdiction. Six months later the plan was changed to adoption after a contested permanency hearing. “The reasonable-efforts inquiry focuses on DHS’s conduct, and a parent’s resistance to DHS’s efforts does not categorically excuse DHS from making meaningful efforts toward that parent.” The Court found that DHS made no efforts to assist Father in ameliorating the new bases of jurisdiction and the efforts on the record were aimed at the original allegation. The Court also determined these prior efforts were in opposition to ODHS’ representations to the child. The Court stated the caseworker did not describe any efforts made to determine any barriers preventing Father from writing letters to the child, and did not refer him to the court ordered psychological evaluation. The Court held the juvenile court erred in finding reasonable efforts based on an initial phone call and monthly emails. Reversed and remanded.