Opinion
A179842
08-14-2024
In the Matter of E. C. S., a Child. v. N. A. S., Appellant. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
Sean Connor, Deputy Public Defender, and Shannon Storey, Chief Defender, Juvenile Appellate Section, Offce of Public Defense Services, for petition.
Wheeler County Circuit Court 21JU02419; John A. Wolf, Judge.
On appellant's petition for reconsideration fled June 18, 2024. Opinion fled April 17, 2024. 332 Or.App. 89, 548 P.3d 505.
Sean Connor, Deputy Public Defender, and Shannon Storey, Chief Defender, Juvenile Appellate Section, Offce of Public Defense Services, for petition.
Before Ortega, Presiding Judge, Powers, Judge, and Hellman, Judge.
HELLMAN, J.
Mother has petitioned for reconsideration of our opinion in this case, Dept. of Human Services v. N. A. S., 332 Or.App. 89, 548 P.3d 505 (2024), asserting that the opinion erroneously shifted the burden to mother to prove that she had changed, instead of holding the department to its burden to prove that her progress was insufficient. We disagree with mother's assertion. The opinion did not shift the burden to mother. Instead, it recognized that the record permitted the juvenile court to determine that mother's progress was insufficient. Out of an abundance of caution, however, we allow reconsideration and revise the opinion to avoid any confusion.
On page 91, the following citation is added directly after the citation to Dept. of Human Services v. C. W., 312 Or.App. 572, 574, 493 P.3d 74 (2021):
Dept. of Human Services v. Y. B., 372 Or. 133, 151, 546 P.3d 255 (2024) (explaining that appellate courts review sufficient progress determinations "by examining whether the facts explicitly and implicitly found by the juvenile court, together with all inferences reasonably drawn from those facts, were legally sufficient to support the juvenile court's determination").
The original opinion, on page 96, contains this sentence:
"That evidence, coupled with the absence of any evidence demonstrating a substantial change in mother's behavior, permitted the juvenile court to reasonably infer that mother's pattern of substance abuse was unchanged."
That sentence is revised to read as follows:
"That specific evidence, along with the entirety of the record that demonstrated no meaningful change in mother's behavior, permitted the juvenile court to reasonably infer that mother's pattern of substance abuse was unchanged."
Reconsideration allowed; former opinion modified and adhered to as modified.