Dept. of Human Services v. P. A.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 10-12-2016
  • Case #: A159746
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Lagesen, J.; & Garrett, J.

Decisions regarding certification of foster parents and reversals of founded dispositions are department actions subject to challenge under Oregon's Administrative Procedures Act.

The Department of Human Services (DHS) appealed a permanency judgment in which the court held that DHS was not in compliance with the current plan of adoption and ordered DHS to reverse a "founded disposition" in a child abuse assessment of K's foster parents and to reinstate the certification of K's foster parents. DHS argued that the court did not have the authority to order such action because child abuse assessments and certification are administrative actions governed by Oregon's Administrative Procedures Act and no party sought judicial review of the decisions. The Court held that the juvenile court permanency actions are separate from the administrative actions therefore the juvenile court erred when it ordered DHS to reverse the founded disposition and revocation of certification (administrative actions). Portion of permanency judgment ordering the Department of Human Services to undo founded disposition and restore foster parents' certification reversed; otherwise affirmed.

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