In the Matter of R. D., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
R. D., Appellant. and P. D., W. D., and S. C., Respondents,
Argued and submitted on March 04, 2013.
Douglas County Circuit Court 0900584 Petition Number 10JU298, Randolph Lee Garrison, Judge.
Megan L. Jacquot argued the cause and filed the brief for appellant.
Judy C. Lucas, Senior Assistant Attorney General, argued the cause for respondent Department of Human Services. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.
Erin Galli argued the cause for respondent W. D. With her on the brief was Chilton & Galli, LLC.
Peter Gartlan, Chief Defender, and Shannon Storey, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for respondent P. D.
No appearance for respondent S. C.
Before Schuman, Presiding Judge, and Wollheim, Judge, and Duncan, Judge.
This is a juvenile dependency case involving a child who was taken away from mother and father at birth. Child appeals from a permanency judgment, asserting that the juvenile court erred in continuing a plan to return child to mother and father instead of changing the plan to adoption. For the following reasons, we affirm.
Child does not request de novo review under ORS 19.415(3)(b). Accordingly, we review the juvenile court's legal conclusions for errors of law and are bound by the court's findings of historical fact if there is any evidence to support them. State v. S. T. S., 236 Or.App. 646, 655, 238 P.3d 53 (2010). Where the court did not make findings on disputed issues of fact, and there is evidence from which those facts could be decided in more than one way, we presume that the court decided them in a manner consistent with its ultimate conclusion. Id.
Child was born on December 1, 2009. DHS removed child from her parents the next day. The court took jurisdiction over child and made her a ward by judgment on November 19, 2010, based on the following facts. Mother and father were convicted of third-degree rape in July 2000, in a case involving a minor female. Mother and father were assessed as needing sex offender treatment, but have never successfully completed treatment. Mother was diagnosed with impulse control disorder, paraphilia, alcohol abuse, and "Mild Mental Retardation." In earlier juvenile dependency proceedings from 1997 to 2002, the court determined that mother's three older children were not safe in her care; those children were adopted by a relative. Father admitted that he had mental health and substance abuse issues and stated that he needed the assistance of DHS to form a further bond with child.
The court held a permanency hearing on April 24, 2012, approximately 18 months after the court took jurisdiction over child. At the permanency hearing, DHS and child asked the court to change the plan for child from "return to parent" to "adoption." Mother and father argued that DHS had not made reasonable efforts to make it possible for child to return home safely and, therefore, the court should not change the plan from reunification to adoption.
The court entered a permanency judgment on May 14, 2012. Instead of checking the boxes for whether mother and father had made sufficient progress toward meeting the expectations set forth in the service agreement, the court wrote, "See attached narrative." The court checked the boxes stating that child "cannot be * * * safely returned" to mother's or ...