Department of Human Services v. M. M. B.

290 P.3d 891, 253 Or. App. 431, 2012 Ore. App. LEXIS 1383
CourtCourt of Appeals of Oregon
DecidedNovember 7, 2012
DocketJ100160; 01J100159M; A150296, A150707
StatusPublished
Cited by4 cases

This text of 290 P.3d 891 (Department of Human Services v. M. M. B.) is published on Counsel Stack Legal Research, covering Court of Appeals of 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. M. M. B., 290 P.3d 891, 253 Or. App. 431, 2012 Ore. App. LEXIS 1383 (Or. Ct. App. 2012).

Opinion

NAKAMOTO, J.

Mother appeals the juvenile court’s order denying dismissal of jurisdiction and wardship over her son, A, and the court’s permanency judgment, changing the permanency plan from reunification to a durable guardianship. First, mother contends that the wardship should have been dismissed because she adequately addressed the two bases for the court’s jurisdiction; otherwise, she lacked notice as to what she must do to prevent the state from continuing wardship. Second, mother challenges the legal grounds for the permanency judgment, arguing that, contrary to the juvenile court’s conclusions, the evidence showed she had made sufficient progress towards reunification, and A could safely return home. Third, mother contends that the judgment is defective under ORS 419B.476 for lack of one finding and insufficient specificity in another. For the following reasons, we affirm.

The parties do not request that we exercise our discretion to undertake de novo review, ORS 19.415(3)(b), and we decline to do so. See ORAP 5.40(8)(c) (we exercise de novo review “only in exceptional cases”). Therefore, we are bound by the juvenile court’s findings of historical fact so long as there is any evidence to support them, and we review the juvenile court’s conclusions for errors of law. Dept. of Human Services v. C. Z., 236 Or App 436, 442, 236 P3d 791 (2010). When the juvenile court does not make findings on disputed issues of fact but evidence supports more than one factual conclusion, we presume that the court decided those issues in a manner consistent with its ultimate conclusion. State v. S. T. S., 236 Or App 646, 655, 238 P3d 53 (2010).

I. FACTS

A. Background

Mother has two children, daughter O and son A, but only A is the subject of this appeal. In 2010, mother was involved in a physical altercation with O, who is four years older than A. Mother strangled O, and A had to come into the room to pull his mother off his sister. Apparently, that incident was alcohol-related. Subsequently, DHS removed [434]*434A, who was 14 years old, from mother’s custody and filed a petition for the juvenile court to assume jurisdiction over him. After a friend of the children reported the incident, mother also was arrested for assaulting O.

Mother pleaded guilty to misdemeanor fourth-degree assault and strangulation of her daughter, and the criminal court entered a “no contact” order, which prohibited mother from contacting her children. As part of mother’s sentence of probation, she was required to attend alcohol treatment, parenting classes, and mental health treatment. After mother successfully completed those programs, the criminal court modified her probation conditions to allow her to have contact with her children.

In the juvenile dependency proceeding, mother did not contest the allegations in the petition, as amended in her admissions. Those admissions were two-fold:

“The conditions and circumstances endanger the welfare of said child by reason of the following facts:
“A. Mother entered a guilty plea to Misdemeanor Assault IV and Strangulation of said child or said child’s sibling.
“B. Said child and said child’s sibling report that mother has an alcohol problem that disrupts her ability and availability to adequately and appropriately parent and that makes her a danger to said child.”

In May 2010, the juvenile court entered a combined jurisdictional and dispositional judgment based on those admissions, allowed DHS to filed an amended petition to conform to the admissions (which DHS filed), and made A a ward of the court. The court ordered DHS and mother to enter into and to abide by a written Action Agreement, an unsigned document attached to the judgment.

The Action Agreement listed safety threats to A and “the changes in cognitive, behavioral or emotional protective capacities the parents must make and demonstrate to increase their ability to keep [A] safe in relation to the Safety Threats.” Safety threats included A’s fear of the “home situation” and mother’s violent or dangerous and impulsive behavior; mother’s extremely negative perceptions of A; and [435]*435mother’s lack of parenting skills, knowledge, and motivation to ensure A’s safety. The Action Agreement stated that mother must actively participate in services and complete drug and alcohol and psychological assessments and follow any ensuing recommendations, plus comply with the terms of her probation. The Action Agreement also stated that mother understands that the changes she must make “must be noticed over time by significant others, including my child(ren), my caseworker, and other professionals.”

After various initial placements, A was placed with a foster parent, Schwartz, who was mother’s former partner. A also was evaluated by CARES Northwest (CARES). DHS developed a “Child Welfare Case Plan” and a “Child Specific Case Plan,” stating that the primary permanency plan was reunification with mother and the concurrent alternative plan was guardianship.

B. Combined Hearing

In June 2011, mother moved to have jurisdiction and wardship over A dismissed because the conditions or circumstances alleged in the jurisdictional judgment no longer existed. Mother also contended that it would be improper for the court to continue wardship because the amended petition did not put her on notice of what she must do to prevent the state from continuing jurisdiction over A. A month later, DHS filed a notice of intent to change the permanency plan from reunification to guardianship at the permanency hearing. The court held a consolidated hearing on both mother’s motion to dismiss and the permanency plan.

At the hearing, Crooke, the assigned DHS caseworker, testified as to all the services DHS provided to help reunify the family. Crooke explained that DHS offered mother housing assistance; paid mother’s first deposit on her apartment; provided parent training sessions; provided both individual and family counseling; and provided supervised visits with A until mother and A arranged visitation on their own. Crooke also testified as to mother’s relationship with A. Crooke testified that mother would get into arguments with A during visits and, after counseling sessions, mother would fight with him over the phone, and mother would harass him with text messages.

[436]*436Barron, a therapist who provided family counseling to mother and A, testified as to mother’s progress toward reunification. Barron explained that the goal of the family counseling sessions was to improve communication and to address previous history, which would help facilitate A’s return home. To resolve emotional and psychological issues, Barron explained the importance of mother taking responsibility for her past abusive behavior. Barron described mother as defensive when challenging topics were discussed during family counseling. Barron also testified that mother and A would argue after counseling sessions. DHS submitted into evidence Barron’s parent completion form reports that assessed mother’s progress in family and individual therapy.

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Cite This Page — Counsel Stack

Bluebook (online)
290 P.3d 891, 253 Or. App. 431, 2012 Ore. App. LEXIS 1383, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-human-services-v-m-m-b-orctapp-2012.