Dept. of Human Services v. F. J. M.

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FILED: November 9, 2011 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of S. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. F. J. M., Appellant. Clackamas County Circuit Court 100342J Petition Number 100342J01 A148415 (Control) In the Matter of V. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. F. J. M., Appellant. Clackamas County Circuit Court 100343J Petition Number 100343J01 A148416 Robert D. Herndon, Judge. Submitted on September 02, 2011. Sarah Peterson and Metcalfe & Peterson LLC filed the brief for appellant. John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Justice J. Rillera, Assistant Attorney General, filed the brief for respondent. Before Schuman, Presiding Judge, and Wollheim, Judge, and Nakamoto, Judge. PER CURIAM Reversed and remanded. 1 PER CURIAM 2 After a contested permanency hearing, the Clackamas County Circuit Court 3 entered permanency judgments in these two cases changing the permanency plans for 4 father's two children from reunification with him to adoption. On appeal, father argues 5 that (1) the court failed to make findings required by ORS 419B.476(5); (2) the court 6 erred in changing the permanency plans from reunification to adoption because the 7 Department of Human Services (DHS) failed to make reasonable efforts toward 8 reunification and because DHS failed to demonstrate that adoption of the children is 9 likely achievable; and (3) the court erred in ordering DHS to file a petition to terminate 10 father's parental rights. The state concedes that the court failed to make the findings 11 required by ORS 419B.476(5). We agree. Because the state's concession is dispositive 12 and the case must be reversed on that ground, we need not and do not reach the remaining 13 issues raised in father's appeal. 14 Reversed and remanded. 1

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