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· 10/26/2011

Department of Human Services v. N. M. S.

Citations

  • 266 P.3d 107
  • 246 Or. App. 284
  • 2011 Ore. App. LEXIS 1463

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the reasonable efforts “assessment is made on the basis of the case plan in effect at the time of the permanency hearing” (internal quotation marks omitted)
  • holding that, when permanency plan is reunification, in making determination under ORS 419B.476(2)(a
  • holding that, when permanency plan is reunification, in making determination under ORS 419B.476(2)(a) regarding DHS’s reasonable efforts and mother’s sufficient progress toward reunification, court errs in relying on facts extrinsic to those upon which jurisdiction was established
  • noting that, “if the facts have been determined to be insufficient to support continued jurisdiction, the court lacks authority to act, let alone decide that adoption is an appropriate plan for a child”
  • explaining that, at a permanency hearing, if the case plan is reunification, parental progress is measured in terms of the parent’s efforts toward remedying the barriers to reunification identified in the dependency petition and case plan
  • reversing and remanding “[b]ecause the court’s analysis that DHS had made reasonable efforts to reunify the family and that mother’s progress toward that goal was insufficient was based, at least in part, on an erroneous understanding of the scope of the jurisdictional judgment

Source: CourtListener parenthetical corpus (CC0).

Judges: Haselton, Armstrong, Duncan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.