State Ex Rel. Department of Human Services v. E.K.

214 P.3d 58, 230 Or. App. 63, 2009 Ore. App. LEXIS 1045
CourtCourt of Appeals of Oregon
DecidedJuly 29, 2009
DocketJ061055, J990969, J990971, J990972, A140745 (Control), A140746, A140747, A140748
StatusPublished
Cited by3 cases

This text of 214 P.3d 58 (State Ex Rel. Department of Human Services v. E.K.) 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
State Ex Rel. Department of Human Services v. E.K., 214 P.3d 58, 230 Or. App. 63, 2009 Ore. App. LEXIS 1045 (Or. Ct. App. 2009).

Opinion

*66 ROSENBLUM, J.

Mother appeals from four judgments of the juvenile court, which changed the permanency plan for three of her children — JM, N, and S — to adoption and for one of them— JC — to a planned permanent living arrangement. She assigns error to each of the four rulings changing the permanency plans. Mother makes two arguments: first, that Department of Human Services (DHS) failed to make reasonable efforts to reunify the family and, second, that she made sufficient progress to allow the safe return of her children in a reasonable time. DHS responds that, despite its reasonable efforts to reunite the family, mother’s deficiencies continue to prevent her from being able to adequately supervise her children or meet their psychological and emotional needs. We agree with DHS and affirm.

I. FACTS

We take the pertinent facts from the record. In reciting the facts, we give a brief chronological overview of the case. We then discuss in further detail mother’s circumstances, each child’s needs, DHS’s efforts, and the evidence at the permanency hearing.

A. Overview of the case

Mother has six minor children: E, JM, M, JC, N, and S. At the time of the permanency hearing, in November 2008, the children were 16, 13, 12, 10, 9, and 5 years old, respectively. All of the children have some psychological or developmental issues.

DHS first became involved with the family in August 1999, when mother’s son from a previous marriage ran away from home and alleged that father had physically abused him. DHS initially took the six minor children into protective custody. Shortly thereafter, those six children were returned home. Two of the children — E and JM — reported that mother’s son had sexually abused them.

Thereafter, on November 17, 2006, mother called 9-1-1 to request assistance because her daughter E was “out of control.” The police arrived, found the home in an unsafe and unsanitary condition, and arrested mother and father for *67 criminal mistreatment. The police also referred the case to DHS, and all six children were taken into protective custody. DHS subsequently filed dependency petitions.

On December 1, 2006, mother and father admitted that they had not provided the children with sanitary shelter and necessities. The court found all six of the children to be within its jurisdiction. The court also found that mother and father had made the house safe and sanitary and allowed the children to return home.

Also, at that time, mother had been home-schooling the children, but could not produce documentation of the curriculum. Thus, the court ordered that the children attend public schools. In spring 2007, DHS assisted in enrolling the children in public schools. It also arranged for counseling for the children through Marion County Children’s Behavioral Health and for in-home assistance through Options Counseling Services of Oregon (Options), which continued until the permanency hearing.

In November 2007, DHS once again removed the children from the parents’ home and placed them in foster care after the children’s attorney and a DHS caseworker visited the home and found it to be unsanitary. In addition, the children were out of control, running around, screaming, and playing outside, wearing little clothing and no shoes. E had been refusing to go to school. Also during that visit, JC locked the attorney in the house and hit the windshield of her car with a stick. Mother was unable to prevent or control any of this misbehavior. At that point, DHS arranged for weekly family visits that continued until the permanency hearing.

In February 2008, father died of cancer. Following his death, DHS provided extra visitation for the children and mother, and they received grief counseling through hospice. DHS also provided mother with an in-home parent mentoring program, which she completed in June.

On July 18, 2008, mother admitted to an allegation contained in the original petitions, acknowledging that she had “mental health difficulties and cognitive challenges that impair her memory and requires the state to continue to work services to be able to return the [children].” After the *68 hearing, JM, N, S, and JC remained in foster care, but E returned to mother’s home, and M returned in September. Also in September, DHS referred mother to a family builder program through Options to assist her with E’s and M’s transition home and to improve her parenting skills.

At the permanency hearing on November 20, 2008, DHS asked the court to change the permanency plan for JM, N, and S to adoption and requested a change in the permanency plan for JC to a permanent planned living arrangement so that he could remain in a therapeutic foster home that receives special funding. According to DHS, mother’s neurological problems hampered her parenting skills, the children’s special needs required extra parenting skills, and DHS had made reasonable efforts to reunite the family. 1 As noted, the trial court changed the permanency plans for JM, N, and S to adoption and the plan for JC to a planned permanent living arrangement.

B. Mother’s circumstances

Mother was first evaluated by a psychologist, Dr. Sweet, in March 2000 and again in March 2007. His report of the 2007 evaluation indicated that her intelligence was average, her memory was impaired in the moderate to severe range, and her attention, concentration, and mental speed were normal to mildly impaired. Sweet diagnosed mother with an adjustment disorder and mixed anxiety and depressed mood. He thought that mother might have neurological problems. According to Sweet, mother did not appear to have any significant mood, thought, or personality disorders that would interfere with parenting, although her defensiveness prevented him from obtaining valid results in the psychological and personality testing.

In May 2008, a neuropsychologist, Dr. Wong-Ngan, evaluated mother. Wong-Ngan diagnosed mother with cognitive disorder not otherwise specified and histrionic features. Wong-Ngan concluded that mother’s learning and *69 memory “appear[ed] compromised” and that her memory was “consistently impaired in the moderate to severe range.” 2 She was concerned that mother’s memory problems could interfere with her ability to parent and that mother appeared to be unaware of those problems (which would prevent her from employing compensatory strategies to minimize their effect on her parenting). According to Wong-Ngan, given the number of children and their special needs, mother was more likely to neglect important parenting issues. Wong-Ngan reported that mother’s lack of “psychological insight” and defensiveness could cause her to resist DHS’s recommendations. For that reason, she suggested that it was “usually more effective to strategize practical and concrete behavioral changes rather than attempt to increase [mother’s] insight.”

Mother was distrustful of DHS and believed that it had traumatized the children by placing them in foster care.

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Related

Dep't of Human Servs. v. J. E. R. (In re D. R.)
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Department of Human Services v. R. S.
348 P.3d 1164 (Court of Appeals of Oregon, 2015)

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Bluebook (online)
214 P.3d 58, 230 Or. App. 63, 2009 Ore. App. LEXIS 1045, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-department-of-human-services-v-ek-orctapp-2009.