Department of Human Services v. A. S.

380 P.3d 319, 278 Or. App. 493, 2016 Ore. App. LEXIS 620
CourtMultnomah County Circuit Court, Oregon
DecidedMay 25, 2016
Docket2013806141; Petition Number 110161; A160209
StatusPublished
Cited by4 cases

This text of 380 P.3d 319 (Department of Human Services v. A. S.) is published on Counsel Stack Legal Research, covering Multnomah 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. S., 380 P.3d 319, 278 Or. App. 493, 2016 Ore. App. LEXIS 620 (Or. Super. Ct. 2016).

Opinion

TOOKEY, J.

In this dependency case, mother and father appeal from a judgment changing the permanency plan for their son K from reunification to a “durable guardianship” with K’s maternal grandparents. We conclude that the juvenile court did not err and affirm.

K was born in November 2011 and was three years old at the time of the permanency hearing in June and July 2015. In addition to K, father has seven children from a previous relationship who are subject to a separate dependency proceeding and are not involved in this appeal. All of the children were removed from the parents’ custody in August 2013, based on allegations of domestic violence, homelessness, and emotional and physical abuse by mother of father’s seven children.

The court assumed jurisdiction over K in December 2013, based on the parents’ stipulations. Father stipulated to jurisdiction based on domestic violence, residential and financial instability, father’s mental health, a lack of skills to parent eight children, and father’s exposure to trauma that interfered with his ability to safely parent. Mother stipulated to jurisdiction based on domestic violence, mother’s mental health, and mother’s inappropriate physical and emotional discipline of father’s seven children, some of which had occurred in front of K.

K has been in foster care with his maternal grandparents since he was removed from his parents’ custody in August 2013, and he is thriving in that home. At the time of the permanency hearing in June and July 2015, the permanency plan was for reunification, with a concurrent plan of durable guardianship, ORS 419B.366.1 At the hearing, the juvenile court took testimony from the family’s caseworker, [496]*496several psychologists, other service providers, family members, and friends. The parents had undergone psychological evaluations that revealed various mental health issues.2 Both parents had been in counseling for four months and were making positive progress, with mother gaining skills to manage conflicts without becoming explosive, or “saying and doing things that she might later regret.” The parents had completed 14 weeks of parenting classes, and mother had been engaged in the process. Mother had completed 52 weeks of domestic violence treatment. The program director testified that mother had not yet graduated from the program because of her failure to acknowledge the abuse and to show empathy for her children. The family’s caseworker [497]*497testified that mother was making progress in controlling her emotions and that both parents had a strong relationship with K. But the caseworker was disappointed with the parents’ failure to acknowledge their former inappropriate physical discipline of father’s children and that it had been harmful to K. The child’s therapist testified that K was at a stage in his development that was critical for experiencing personal attachments and that he was showing signs of emotional problems related to a need for permanency. In her opinion, a guardianship will be beneficial to K, because it would provide an additional element of permanency, as K would know that he would be growing up in his grandparents’ home.3

In its permanency judgment of July 23, 2015, the juvenile court determined that the Department of Human Services (DHS) had made “reasonable efforts” to reunify the family, but that the parents had not made sufficient progress toward meeting the expectations set forth in the service agreement; that K could not be safely returned to the parents’ care; and that the evidence did not support a determination that further efforts by DHS will make it possible for K to return home within a reasonable time. See ORS 419B.476(2)(a) (describing requirements when permanency plan is reunification at time of hearing); ORS 419B.476(4)(c) (authorizing court to order parents to participate in services if it determines that “further efforts will make it possible for the ward to safely return home within a reasonable time”). The court changed the permanency plan to a durable guardianship with a concurrent plan of reunification. See ORS 419B.476(5)(b)(C) (court’s determination of permanency plan); ORS 419B.366(5) (durable guardianship). K would remain within the court’s jurisdiction during the durable [498]*498guardianship, which could be vacated by the juvenile court pursuant to ORS 419B.368(1) (“The court *** may review, modify, or vacate a guardianship order.”).

In deciding to change the permanency plan away from reunification, the court’s primary rationale was that two years had passed without adequate progress by the parents, despite extensive involvement by DHS. See ORS 419B.498(1) (requiring that DHS file a petition to terminate parental rights and begin adoption placement if the child has been in substitute care as a ward of the court for 15 of the last 22 months). In the judgment, the court listed the services that DHS had provided that led the court to conclude that DHS had made reasonable efforts toward reunification. The court also made extensive findings concerning the parents’ progress. The court found that, initially, the parents’ participation in services had been poor, but that it had recently improved. The court noted mother’s recent progress, but found that father had not made any progress toward becoming a safe parent. Despite the lengthy involvement of DHS, the court found that the parents still lacked insight into the reasons why the court had assumed jurisdiction of K, which led the court to find that it was unlikely that they could gain that insight within a reasonable time.

With respect to the testimony of both parents at the permanency hearing, the court found that they were not “accurate reporters.” The court was concerned that both parents denied the bases on which the court had taken jurisdiction and blamed others, including DHS, for K becoming a ward of the court. The court was troubled by statements made at the hearing by both parents that were inconsistent with their stipulations related to jurisdiction and that showed a lack of insight. For example, father denied that there had been domestic violence and did not acknowledge the problems that led to K becoming a ward of the court. He stated that DHS’s involvement had been brought on by the lies of his children. Despite evidence of extensive services, father testified that DHS had not provided any help. The court noted that, despite the stipulated bases for jurisdiction, mother denied having directed any inappropriate conduct toward father’s seven children and that that was one reason why she had not completed a domestic violence [499]*499program. Mother’s testimony and demeanor at the hearing led the court to find that mother lacked an ability to “regulate” herself.4

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Dept. of Human Services v. S. M. S.
342 Or. App. 343 (Court of Appeals of Oregon, 2025)
Dept. of Human Services v. M. E.
324 Or. App. 352 (Court of Appeals of Oregon, 2023)
Dept. of Human Services v. D. E. A.
314 Or. App. 385 (Court of Appeals of Oregon, 2021)
Department of Human Services v. C. L. H.
388 P.3d 1214 (Court of Appeals of Oregon, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
380 P.3d 319, 278 Or. App. 493, 2016 Ore. App. LEXIS 620, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-human-services-v-a-s-orccmultnomah-2016.