Juvenile Code: Dependency
Reasonable or active efforts determination
Notes of Decisions
Under Former Similar Statutes
Due process does not require the appointment of "independent counsel" to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)
When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied
Notes of Decisions
In determining whether state efforts to assist parents were reasonable and adequate, consideration is given to services provided both before and immediately after state took custody. State ex rel State Office for Services to Children and Families v. Frazier, 152 Or App 568, 955 P2d 272 (1998), Sup Ct review denied
Aggravated circumstances that relieve Department of Human Services from further reasonable reunification efforts include intentional or nonintentional actions and conditions producing serious direct or indirect harm or detriment to subject or other child. State ex rel Juvenile Dept. v. Risland, 183 Or App 293, 51 P3d 697 (2002)
Where parent is incarcerated for crime that is not listed, and incarceration constitutes aggravated circumstance, incarceration may be basis for excusing Department of Human Services from making reasonable efforts to reunify family. State ex rel Juvenile Department v. Williams, 204 Or App 496, 130 P3d 801 (2006)
Incarceration of parent, without more, does not excuse Department of Human Services from making reasonable efforts to reunify family. State ex rel Juvenile Department v. Williams, 204 Or App 496, 130 P3d 801 (2006)
At dispositional stage, juvenile court must assess for each parent, individually, reasonableness of efforts of Department of Human Services to prevent or eliminate need for removal of child from home. Department of Human Services v. J.F.D., 255 Or App 742, 298 P3d 653 (2013)
Notes of Decisions
Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)