Dept. of Human Services v. H.K.

Under ORS 418.270(4), once children are placed for adoption, a parent’s relinquishment is irrevocable absent proof of fraud or duress; when neither is alleged, the possibility of a future successful revocation is too remote to prevent mootness.

The juvenile court changed the permanency plans for Mother’s children from reunification to adoption, and Mother appealed, raising six assignments of error. While the consolidated appeals were pending, the Oregon Department of Human Services (ODHS) designated the children’s resource placement as their adoptive resource. Mother then relinquished her parental rights and consented to the adoptions. ODHS moved to dismiss the appeals as moot, arguing that reversal would have no practical effect because the relinquishments transferred custody and guardianship to ODHS regardless of the permanency plans. Mother responded that she intended to revoke the relinquishments and argued that ORS 418.270(4) permitted revocation upon proof of fraud or duress. The juvenile court held a permanency hearing and entered orders noting that Mother’s parental rights had been relinquished as the State proceeded toward adoption. The Oregon Court of Appeals granted ODHS’s motion and dismissed the appeals as moot, holding that the possibility of a successful revocation was too remote to have a legally sufficient practical effect.

The Court reasoned that ODHS, as the party asserting mootness, bore the burden of showing that a decision would have no practical effect. Although the Mother identified revocation as a potential effect, the children’s placement for adoption made her relinquishments irrevocable unless she proved fraud or duress. Thus, reversal could affect her rights only if she both attempted revocation and successfully proved fraud or duress, neither of which she accomplished. Mother’s claimed consequence depended on multiple unsupported future events, therefore the Court held the Mother’s speculative argument was legally insufficient to prevent mootness. MOTION TO DISMISS GRANTED; APPEALS DISMISSED.