Department of Human Services v. A. D. D. B.

375 P.3d 575, 278 Or. App. 503
CourtLane County Circuit Court, Oregon
DecidedMay 25, 2016
Docket14526J; Petition Number 14526J01; A160459 (Control); 14527J; Petition Number 14527J01; A160460
StatusPublished
Cited by2 cases

This text of 375 P.3d 575 (Department of Human Services v. A. D. D. B.) is published on Counsel Stack Legal Research, covering Lane County Circuit Court, Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Human Services v. A. D. D. B., 375 P.3d 575, 278 Or. App. 503 (Or. Super. Ct. 2016).

Opinion

TOOKEY, J.

In this consolidated juvenile dependency case, mother appeals from two “disposition review” judgments in which the juvenile court continued the placement of her two children in substitute care and continued its previous finding that the Department of Human Services (DHS) made reasonable efforts to reunify the family. DHS contends that the judgments are not appealable, and, accordingly, we should dismiss the appeal. Mother responds that the judgments adversely affect her rights and duties because they determine that DHS made reasonable efforts to reunify the family. See ORS 419A.200(1) (“[A]ny person *** whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom.”). Mother requests that we overrule State ex rel Juv. Dept. v. Vockrodt, 147 Or App 4, 934 P2d 620 (1997), in which we held that a reasonable efforts determination does not necessarily affect a parent’s rights or duties and, accordingly, does not necessarily render a decision of the juvenile court appealable.

We decline to overrule Vockrodt and, instead, adhere to our previous understanding of the appealability of juvenile court judgments. Here, the judgments that mother appeals merely continue the wardship and placement and continue a reasonable efforts determination made approximately one month before the judgments on appeal. Mother did not raise any changed circumstances or new information in support of her contention that the juvenile court should not continue the previous reasonable efforts finding. Accordingly, the judgments are not appealable, and we must dismiss the appeal.

The relevant facts are procedural and undisputed. In October 2014, DHS filed dependency petitions alleging that the children were within the jurisdiction of the juvenile court because of their conditions or circumstances. ORS dWB.lOCKlXc).1 The court took jurisdiction and placed the children in the legal custody of DHS. ORS 419B.337. [506]*506At first, the children remained in mother’s physical custody. However, in November 2014, they were removed from mother and placed in foster care.

Soon thereafter, amended petitions were filed. In February 2015, after a hearing, the juvenile court entered judgments taking jurisdiction on the amended petitions and continuing the children’s placement in foster care. DHS returned the children to mother’s care in May 2015. In July 2015, DHS again removed the children and placed them in foster care. After that removal, on July 17, 2015, the court entered “disposition review” judgments that, among other things, continued the children in foster care and determined that DHS “has made reasonable efforts to reunify the child with a parent.”

In August 2015, the court held another “disposition review” hearing. It described the purpose of the hearing as follows, “[W]e were here not long ago. The Court removed the children from mother’s care. And this hearing was set, I think, to give everybody more time to address placement.” At the hearing, both DHS and mother presented evidence and argument regarding whether the children should remain in foster care or be returned to mother. In the course of arguing that the children should be placed with her, mother argued that, when DHS took the children from her care in July 2015, “an in-home safety plan should have been developed and still needs to be developed to get these kids home.”

The court adhered to its July rulings, stating, “[W]hen I look at all the information that I have under the totality of the circumstances, my prior orders will continue to apply. I will continue the placement in foster care. I will continue the reasonable efforts finding.” The court entered the two judgments on appeal, which are consistent with that oral ruling.

On appeal, mother argues that the juvenile court erred in determining that DHS made reasonable efforts both to prevent the children’s removal and to reunite the family. See ORS 419B.337(l)(b) (“When the court enters *** an order continuing care, the court shall make a written finding as to whether *** [Reasonable efforts, considering the [507]*507circumstances of the ward and parent, have been made * * * to make it possible for the ward to safely return home.”)- DHS responds that the judgments are not appealable under ORS 419A.200, which governs appeals in juvenile dependency proceedings. ORS 419A.200(1) provides, with an exception not relevant here, that “any person or entity, including, but not limited to, a party to a juvenile court proceeding under ORS 419B.875(1) ***, whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom.”2 Relying on State ex rel Juv. Dept. v. Nagle, 36 Or App 237, 584 P2d 338 (1978), and later cases using the same reasoning, DHS contends that, under that statute, the judgments at issue here are not appealable because they do not affect mother’s rights or duties.

In Nagle, we decided that the order on appeal was not appealable under former ORS 419.561 (1977), repealed by Or Laws 1993, ch 33, § 373, the predecessor to ORS 419A.200(1).3 36 Or App at 239-41. There, the juvenile court took jurisdiction over a child in May 1977 and committed her to the custody of the Children’s Services Division (CSD), a predecessor of DHS. Id. at 239. The court held a review hearing in October 1977. Id. After the review hearing, the court entered an order continuing the wardship and the commitment to CSD and providing visitation rights to the father. Id. The father appealed.

We concluded that the order was not appealable because it created “no substantial change in the nature or degree of the conditions relating to the wardship” and no [508]*508“right or duty [was] affected by a ruling on a motion.” Id. at 241. We explained:

“[The order] makes no new or additional disposition. No authority is granted to CSD as custodian that has not been granted in the initial order. No right of the appellant is diminished; no duty enlarged. No motion of any party is granted or denied. Had there been no order, the status of the wardship would be no different.”

Id. at 240. Because the father’s rights or duties were not adversely affected by the order, we dismissed the appeal. Id. at 241.

Mother contends that the reasoning set out in Nagle no longer applies because, when Nagle was decided, the juvenile code “imposed no requirements on the department that it make efforts to reunify families or that those efforts be reasonable.” See generally former

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Bluebook (online)
375 P.3d 575, 278 Or. App. 503, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-human-services-v-a-d-d-b-orcclane-2016.