Dept. of Human Services v. T. L.

In consolidated juvenile dependency cases, father appealed judgments changing the permanent plans for one of his children from reunification with a parent to guardianship and for another child from reunification to another planned permanent living arrangement. Father argued that his trial counsel was inadequate for failing to appear on his behalf at the hearing in which the juvenile court decided to change the permanent plans. The issue this case presented for the Supreme Court's review centered on whether a parent could raise a claim of inadequate assistance of counsel for the first time on direct appeal from judgments changing the permanent plans for his children from reunification with a parent to permanent plans of guardianship and APPLA. After review, the Supreme Court answered that question in the affirmative. The Court concluded: (1) the unchallenged rationale of "Oregon ex rel Juv. Dept. v. Geist" (796 P2d 1193 (1990)), was applicable to a direct appeal from judgments that make such changes in the permanent plans for children who were wards of the court in dependency cases; and (2) the legislature’s enactment, following the Supreme Court's decision in "Geist," of a statute that provided a juvenile court procedure for modifying or setting aside a dependency judgment while an appeal from the judgment was pending, did not obviate the need for a direct appeal remedy for father’s claim of inadequate assistance of counsel. View "Dept. of Human Services v. T. L." on Justia Law