Dept. of Human Services v. M. B.

Agency efforts are reviewed by focusing on DHS's conduct, measuring the reasonableness of those efforts through the lens of the adjudicated bases for jurisdiction, and basing the review on the totality of the circumstances. Parental progress toward safe family reunification is measured by what the parent has done to ameliorate the circumstances that led to juvenile court jurisdiction. ORS 419B.476(2)(a).

Mother appealed several judgments in juvenile court, raising errors that were mostly rejected as unpreserved or undeveloped, but the Court addressed a few assignments. These included challenges to the court's findings on the Department of Human Services (DHS) efforts to reunify the family, her progress in reunification, the court's jurisdiction over a new allegation under ORS 419B.100(1)(c), and the denial of her motion to dismiss without a hearing. “Agency efforts are reviewed by focusing on DHS's conduct, measuring the reasonableness of those efforts through the lens of the adjudicated bases for jurisdiction, and basing the review on the totality of the circumstances. Parental progress toward safe family reunification is measured by what the parent has done to ameliorate the circumstances that led to juvenile court jurisdiction.” ORS 419B.476(2)(a). The Court found that the juvenile court correctly determined it had jurisdiction over the child due to new allegations of estrangement linked to the mother’s mental health issues and substance abuse. However, the Court found that the mother was entitled to a hearing on her motion to dismiss the original grounds for jurisdiction. Additionally, the Court found the juvenile court erred in concluding that the DHS made reasonable efforts to reunify the family, as efforts ceased after failed reunification therapy. The Court reversed and remanded the permanency judgment and the order denying the motion to dismiss; otherwise affirmed.