Department of Human Services v. A.S.

A permanency judgment that does not provide “all of the dots" in writing... undercuts the long line of cases that have required explicit written findings." Dept. of Human Services v. R. A. H., 299 Or App 215 (2019).

Mother appeals a permanency judgment for adoption decided by the juvenile court. Mother argued that DHS erred when it failed to include all the determinations in writing, pursuant to ORS 419B.476(5). DHS contends that it sufficiently met these requirements using the oral findings from the hearing in the written judgment. "A permanency judgment that does not provide "all of the dots" in writing... undercuts the long line of cases that have required explicit written findings." Dept. of Human Services v. R. A. H., 299 Or App 215 (2019). The Court agreed with Mother’s appeal because the juvenile court failed to incorporate a written finding regarding adoption in the court order. The Court reasoned that DHS’s contention that the written document could contain references to the oral findings was not within the legislature’s intent when drafting ORS 419B.476(5). The Court held that the trial court erred in failing to supply all written requirements for the judgment. VACATED AND REMANDED.