Dept. of Human Services v. M.A.Z.

Under ORS 419B.476(2)(a), a court may change a child’s permanency plan from reunification to guardianship if DHS makes reasonable efforts toward reunification and the parent's progress remains insufficient.

Father appealed the juvenile court’s judgment to change the permanency plan for his child, C, from reunification to guardianship.  Father assigned error the the court’s determination that DHS made reasonable efforts to meet the reunification plan and father’s progress was insufficient to reunify with his child.  Father asserted DHS failed to provide timely therapy to repair his relationship with C.  He further argued his engagement with his own therapist demonstrated sufficient progress toward reunification. Under ORS 419B.476(2)(a), DHS must make reasonable efforts to reunify a child and a parent’s progress must be sufficient to ensure the child’s safe return.  The Court found DHS’s efforts were reasonable given the totality of circumstances, despite the delays. The agency  provided parenting classes, visitation, and psychological support for both father and C, in the year preceding the permanency hearing.  The Court further concluded the evidence showed father made insufficient progress to parent C, who had significant mental health needs.  The Court held the record supported the court’s decision to change the permanency plan for C.  AFFIRMED.