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In re A. B. B.

Court of Appeals of Oregon

May 10, 2017

In the Matter of A. B. B., a Child.
v.
A. B. B., Appellant. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and S. B. and T. J. D. J., Respondents, In the Matter of A. B. B., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and S. B. and T. J. D. J., Respondents,
v.
A. B. B., Appellant. In the Matter of A. B. B., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and S. B. and T. J. D. J., Respondents,
v.
A. B. B., Appellant. In the Matter of L. L. B., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and H. R.-C. and S. M. B., Respondents,
v.
L. L. B., Appellant. In the Matter of L. B., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and H. R.-C. and S. B., Respondents,
v.
L. B., Appellant. In the Matter of L. L. B.-C., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and H. R.-C. and S. B., Respondents,
v.
L. L. B.-C., Appellant. In the Matter of L. L. B.-C., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and H. R.-C. and S. B., Respondents,
v.
L. L. B.-C., Appellant.

          Submitted April 5, 2017

         Marion County Circuit Court Nos. J140737, J140784, 15JU00035, J130536, J140628, J140627, J130535; Heidi O. Strauch, Judge pro tempore.

          Adrian Tobin Smith filed the briefs for appellants.

          Valerie Colas, Deputy Public Defender, filed the brief for respondent T. J. D. J.

          Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Erin K. Galli, Assistant Attorney General, filed the brief for respondent DHS.

          No appearance for respondents H. R. -C and S. M. B.

          Before Egan, Presiding Judge, and Lagesen, Judge, and Linder, Senior Judge.

         Case Summary:

         Children bring this consolidated appeal from review judgments under ORS 419B.449 in a juvenile dependency proceeding that is subject to the Indian Child Welfare Act (ICWA). They assign error to the juvenile court's determination in those judgments that the Department of Human Services (DHS) has made "active efforts" to reunify the family, contending that the evidence is legally insuffcient to support that determination. In response, DHS argues, among other things, that the review judgments are not appealable and that, in all events, the evidence is legally suffcient to support the juvenile court's active-efforts determination.

         Held:

         Under State ex rel Juv. Dept. v. Vockrodt, 147 Or.App. 4, 934 P.2d 620 (1997), the review judgments are not appealable.

         Appeal dismissed.

          LAGESEN, J.

         Children bring this consolidated appeal from review judgments under ORS 419B.449 in a juvenile dependency proceeding that is subject to the Indian Child Welfare Act (ICWA). They assign error to the juvenile court's determination in those judgments that the Department of Human Services (DHS) has made "active efforts" to reunify the family, contending that the evidence is legally insufficient to support that determination. See ORS 419B.340(1) (requiring juvenile court to assess whether DHS has made "active efforts, " to a permit a child to stay in, or return to, child's home in certain orders in dependency cases subject to ICWA). In response, DHS argues, among other things, that the review judgments are not appealable and that, in all events, the evidence is ...


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