Dept. of Human Services v. S. J. K.

“The proponent of the plan change need prove only that DHS made reasonable efforts to reunify the family and that the parents made insufficient progress to permit reunification. To avoid a plan change under those circumstances, the opposing party bears the burden of proving the presence of compelling reason under ORS 419B.498(2) to forgo a plan change." Dept. of Human Services v. S.J.M., 364 Or 37, 430 P3d 1021 (2018) (S.J.M. II).

Father appealed from a permanency judgment that changed his permanency plan from reunification to adoption. Father assigned error to the juvenile court’s decision to change the plan. On appeal, Father argued the Department of Human Services’ (“DHS”) evidence was legally insufficient to “support a finding that there was no compelling reason under ORS 419B.498(2)” to cancel the plan change. In response, DHS argued Father failed to provide evidence related to whether there was a “compelling reason” to forgo a plan change. “The proponent of the plan change need prove only that DHS made reasonable efforts to reunify the family and that the parents made insufficient progress to permit reunification. To avoid a plan change under those circumstances, the opposing party bears the burden of proving the presence of compelling reason under ORS 419B.498(2) to forgo a plan change.” Dept. of Human Services v. S.J.M., 364 Or 37, 430 P3d 1021 (2018) (S.J.M. II). The Court decided not to remand the case to the juvenile court because Father chose not to present a case related to the compelling reasons why the plan change for adoption should be canceled.

Affirmed.