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In re M. M.

Court of Appeals of Oregon

July 17, 2019

In the Matter of M. M., a Child.
v.
T. M. and A. M., Appellants. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, In the Matter of J. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
T. M. and A. M., Appellants. In the Matter of M. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
T. M. and A. M., Appellants. In the Matter of K. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
T. M. and A. M., Appellants. In the Matter of J. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
T. M. and A. M., Appellants. In the Matter of M. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
T. M. and A. M., Appellants. In the Matter of J. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
T. M. and A. M., Appellants. In the Matter of M. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
T. M. and A. M., Appellants. In the Matter of K. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
T. M. and A. M., Appellants. In the Matter of J. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
T. M. and A. M., Appellants.

          Argued and submitted May 9, 2019

          [298 Or.App. 546] Polk County Circuit Court 16JU03396, 16JU03397, 16JU03399, 16JU03400, 16JU0340116JU07191, 16JU07192, 16JU07201, 16JU07202, 16JU07204 Norman R. Hill, Judge.

         [298 Or.App. 547] Holly Telerant, Deputy Public Defender, argued the cause for appellant A. M. Also on the briefs was Shannon Storey, Chief Defender, Juvenile Appellate Section, Offce of Public Defense Services.

         [298 Or.App. 548] Inge D. Wells, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

          Kenneth A. Kreuscher fled the brief for appellant T. M.

          Before Hadlock, Presiding Judge, and DeHoog, Judge, and Aoyagi, Judge.

         [298 Or.App. 549] PER CURIAM

         In this consolidated juvenile dependency case involving five siblings, both parents appeal permanency judgments that reflect a change of the children's permanency plans from reunification to adoption. In their multiple assignments of error, parents raise essentially two arguments. First, parents point to the significant delay between the end of the permanency hearing and the date on which the juvenile court entered the permanency judgments at issue. That delay exceeded the 20-day limit set out in ORS 419B.476(5). Although parents are correct that the delay violated the statutory timeline, parents have not established any prejudice from that delay and, accordingly, the delay does not present a basis for reversal. See Dept. of Human Services v. W. H. F., 254 Or.App. 298, 305, 295 P.3d 78 (2012), rev den, 353 Or. 428 (2013) (declining to reverse based on the juvenile court's violation of the 20-day timeline because that error was harmless). Second, parents contend that the juvenile court erred in determining that the Department of Human Services made reasonable ...


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