Dept. of Human Services v. S.E.D.

Under ORS 419B.476(2)(a), the juvenile court must determine, based on the record as of the hearing, whether DHS has made reasonable efforts and whether the parent has made sufficient progress for a safe return to their care possible, when the permanency plan at the time of the hearing is reunification.

The Oregon Court of Appeals decided whether the juvenile court was in error by changing the permanency plan without making up to date findings concerning the Department of Human Services’ reasonable efforts to reunify the family and the parent (mother’s) progress as required by ORS 419B.476(2)(a). The mother appealed the most recent juvenile court judgment, asserting that the permanency plan was erroneously changed to guardianship without taking into account the present circumstances. The court here agreed and reversed the lower court's decision, finding that when the permanency plan at the time of the hearing is reunification, the court must look to the factors set by ORS 419B.476(2)(a) at the time of the current hearing, not previous ones. Under ORS 419B.476(2)(a), the juvenile court must determine, based on the record as of the hearing, whether DHS has made reasonable efforts and whether the parent has made sufficient progress for a a safe return to their care possible, when the permanency plan at the time of the hearing is reunification. The juvenile court's decision is reversed and remanded.