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Oregon Revised Statutes

Or. Rev. Stat. § 419B.340 (2026)

Reasonable or active efforts determination

✓ current as of May 2026
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      419B.340 Reasonable or active efforts determination. (1) If the court awards custody to the Department of Human Services, the court shall include in the disposition order a determination whether the department has made reasonable efforts or, if the ward is an Indian child, active efforts, as described in ORS 419B.645, to prevent or eliminate the need for removal of the ward from the home. If the ward has been removed prior to the entry of the order, the order shall also include a determination whether the department has made reasonable or active efforts to make it possible for the ward to safely return home. In making the determination under this subsection, the court shall consider the ward’s health and safety the paramount concerns.

      (2) In support of its determination whether reasonable or active efforts have been made by the department, the court shall enter a brief description of what preventive and reunification efforts were made and why further efforts could or could not have prevented or shortened the separation of the family.

      (3) When the first contact with the family has occurred during an emergency in which the ward could not remain without jeopardy at home even with reasonable services being provided, the department shall be considered to have made reasonable or active efforts to prevent or eliminate the need for removal.

      (4) When the court finds that preventive or reunification efforts have not been reasonable or active, but further preventive or reunification efforts could not permit the ward to remain without jeopardy at home, the court may authorize or continue the removal of the ward.

      (5) If a court determines that one of the following circumstances exist, the juvenile court may make a finding that the department is not required to make reasonable efforts to make it possible for the ward to safely return home:

      (a) Aggravated circumstances including, but not limited to, the following:

      (A) The parent by abuse or neglect has caused the death of any child;

      (B) The parent has attempted, solicited or conspired, as described in ORS 161.405, 161.435 or 161.450 or under comparable laws of any jurisdiction, to cause the death of any child;

      (C) The parent by abuse or neglect has caused serious physical injury to any child;

      (D) The parent has subjected any child to rape, sodomy or sexual abuse;

      (E) The parent has subjected any child to intentional starvation or torture;

      (F) The parent has abandoned the ward as described in ORS 419B.100 (1)(e); or

      (G) The parent has unlawfully caused the death of the other parent of the ward;

      (b) The parent has been convicted in any jurisdiction of one of the following crimes:

      (A) Murder of another child of the parent, which murder would have been an offense under 18 U.S.C. 1111(a);

      (B) Manslaughter in any degree of another child of the parent, which manslaughter would have been an offense under 18 U.S.C. 1112(a);

      (C) Aiding, abetting, attempting, conspiring or soliciting to commit an offense described in subparagraph (A) or (B) of this paragraph; or

      (D) Felony assault that results in serious physical injury to the ward or another child of the parent; or

      (c) The parent’s rights to another child have been terminated involuntarily.

      (6) If, pursuant to a determination under subsection (5) of this section, the juvenile court makes a finding that the department is not required to make reasonable efforts to prevent or eliminate the need for removal of the ward from the home or to make it possible for the ward to safely return home, and the department determines that it will not make such efforts, the court shall conduct a permanency hearing as provided in ORS 419B.470 no later than 30 days after the judicial finding under subsection (5) of this section. [1993 c.33 §109; 1993 c.546 §124; 1999 c.859 §11; 2001 c.686 §14; 2003 c.396 §58; 2020 s.s.1 c.14 §33]

Notes of Decisions
Cited in 61 cases (16 in the last 5 years), 1997–2026 · leading case: State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006).
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State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006). · cites it 18× “ORS 419B.340(1); ORS 419B.476(2)(a). To ensure compliance, the juvenile court is required to determine whether DHS has satisfied that mandate at both the dispos-itional hearing, which generally occurs 60 days after the petition is filed, and the permanency hearing, which…”
Dep't of Human Servs. v. L.L.S. (In re Z.S.), 413 P.3d 1005 (Or. Ct. App. 2018). · cites it 8× “As noted, the juvenile court also found that, as a result of father's conviction, DHS was excused under ORS 419B.340(5) from making reasonable efforts by virtue of his convictions.”
State ex rel. Juv. Dep't v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). · cites it 23× “We next consider whether the trial court’s decision at that hearing to excuse further reasonable efforts by DHS to make child’s return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
Dep't of Human Servs. v. R. W., 370 P.3d 543 (Or. Ct. App. 2016). · cites it 5× “, we explained the policy behind the reasonable efforts requirement: “It is the policy of the State of Oregon to offer ‘appropriate reunification services’ to parents when a child has entered protective custody and a dependency petition has been filed.”
Dep't of Human Servs. v. J. F. D., 298 P.3d 653 (Or. Ct. App. 2013). · cites it 6× “Thus, ORS 419B.340 is the applicable statute. The juvenile court is also required to determine at a permanency hearing whether DHS has made reasonable efforts to make possible a child’s safe return home; the hearing generally occurs 12 months after the petition is filed.”
Dept. of Human Servs. v. K. G. T., 473 P.3d 131 (Or. Ct. App. 2020). · cites it 3× “340(5) applies only in the most extreme circumstances—such as when a parent has caused the death of a child or the child’s other parent, has intentionally starved or tortured a child, has been convicted of specific crimes, or has had his or her rights to another child terminated…”
State Ex Rel. Juv. Dept. v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). · cites it 23× “We next consider whether the trial court's decision at that hearing to excuse further reasonable efforts by DHS to make child's return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010). · cites it 8× “” ORS 419B.340, in part, requires determinations to be made in the disposition order: “(1) If the court awards custody to the Department of Human Services, the court shall include in the disposition order a determination whether the department has made reasonable efforts or, if…”
Dep't of Human Servs. v. G. D. W., 292 P.3d 548 (Or. 2012). · cites it 3× “4 ORS 419B.340(1) requires a juvenile court to include in any disposition order concerning a child who has been removed from the family home a determination as to whether DHS has made reasonable and active efforts to make it possible for the child to return home.”
Dep't of Human Servs. v. T. L. H. S. (In re J. M. S.), 425 P.3d 775 (Or. Ct. App. 2018). · cites it 2× “355 (requiring the juvenile court to "make a specific, detailed, written finding of fact to support" certain determinations about a youth who is being waived into circuit court for prosecution as an adult).”
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010). · cites it 6× “185(1)(a), (c); ORS 419B.340(1); ORS 419B.476(2)(a); see also ORS 419B.”
Dep't of Human Servs. v. M. K., 306 P.3d 763 (Or. Ct. App. 2013). · cites it 2× “Under ORS 419B.340(5), the juvenile court may find that DHS is not required to make reasonable efforts toward reunification if certain aggravated circumstances exist, if the parent has been convicted of certain crimes, or if the parent’s rights to another child have been…”
Show all 61 citing cases →
— Or. Rev. Stat. § 419B.340(1) — 28 cases
Dep't of Human Servs. v. R. W., 370 P.3d 543 (Or. Ct. App. 2016). “, we explained the policy behind the reasonable efforts requirement: “It is the policy of the State of Oregon to offer ‘appropriate reunification services’ to parents when a child has entered protective custody and a dependency petition has been filed.”
Dep't of Human Servs. v. J. F. D., 298 P.3d 653 (Or. Ct. App. 2013). “Thus, ORS 419B.340 is the applicable statute. The juvenile court is also required to determine at a permanency hearing whether DHS has made reasonable efforts to make possible a child’s safe return home; the hearing generally occurs 12 months after the petition is filed.”
State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006). “ORS 419B.340(1); ORS 419B.476(2)(a). To ensure compliance, the juvenile court is required to determine whether DHS has satisfied that mandate at both the dispos-itional hearing, which generally occurs 60 days after the petition is filed, and the permanency hearing, which…”
Dep't of Human Servs. v. T. L. H. S. (In re J. M. S.), 425 P.3d 775 (Or. Ct. App. 2018). “355 (requiring the juvenile court to "make a specific, detailed, written finding of fact to support" certain determinations about a youth who is being waived into circuit court for prosecution as an adult).”
Dep't of Human Servs. v. S. S., 375 P.3d 556 (Multnomah Cty. Cir. Ct., O.R. 2016).
— Or. Rev. Stat. § 419B.340(2) — 3 cases
Dep't of Human Servs. v. D. D., 241 P.3d 1177 (Or. Ct. App. 2010). “” ORS 419B.340, in part, requires determinations to be made in the disposition order: “(1) If the court awards custody to the Department of Human Services, the court shall include in the disposition order a determination whether the department has made reasonable efforts or, if…”
Dep't of Human Servs. v. C. C., 290 P.3d 900 (Or. Ct. App. 2012).
Dep't of Human Servs. v. M. D., 340 P.3d 86 (Or. Ct. App. 2014).
— Or. Rev. Stat. § 419B.340(4) — 1 case
Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010). “185(1)(a), (c); ORS 419B.340(1); ORS 419B.476(2)(a); see also ORS 419B.”
— Or. Rev. Stat. § 419B.340(5) — 20 cases
Dep't of Human Servs. v. L.L.S. (In re Z.S.), 413 P.3d 1005 (Or. Ct. App. 2018). “As noted, the juvenile court also found that, as a result of father's conviction, DHS was excused under ORS 419B.340(5) from making reasonable efforts by virtue of his convictions.”
State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006). “ORS 419B.340(1); ORS 419B.476(2)(a). To ensure compliance, the juvenile court is required to determine whether DHS has satisfied that mandate at both the dispos-itional hearing, which generally occurs 60 days after the petition is filed, and the permanency hearing, which…”
Dept. of Human Servs. v. K. G. T., 473 P.3d 131 (Or. Ct. App. 2020). “340(5) applies only in the most extreme circumstances—such as when a parent has caused the death of a child or the child’s other parent, has intentionally starved or tortured a child, has been convicted of specific crimes, or has had his or her rights to another child terminated…”
Dep't of Human Servs. v. M. K., 306 P.3d 763 (Or. Ct. App. 2013). “Under ORS 419B.340(5), the juvenile court may find that DHS is not required to make reasonable efforts toward reunification if certain aggravated circumstances exist, if the parent has been convicted of certain crimes, or if the parent’s rights to another child have been…”
Dep't of Human Servs. v. M. H., 300 P.3d 1262 (Or. Ct. App. 2013).
— Or. Rev. Stat. § 419B.340(5)(a) — 8 cases
State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006). “ORS 419B.340(1); ORS 419B.476(2)(a). To ensure compliance, the juvenile court is required to determine whether DHS has satisfied that mandate at both the dispos-itional hearing, which generally occurs 60 days after the petition is filed, and the permanency hearing, which…”
State ex rel. Juv. Dep't v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). “We next consider whether the trial court’s decision at that hearing to excuse further reasonable efforts by DHS to make child’s return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
State Ex Rel. Juv. Dept. v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). “We next consider whether the trial court's decision at that hearing to excuse further reasonable efforts by DHS to make child's return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
Dep't of Human Servs. v. R. W., 370 P.3d 543 (Or. Ct. App. 2016). “, we explained the policy behind the reasonable efforts requirement: “It is the policy of the State of Oregon to offer ‘appropriate reunification services’ to parents when a child has entered protective custody and a dependency petition has been filed.”
Dep't of Human Servs. v. G. D. W., 292 P.3d 548 (Or. 2012). “4 ORS 419B.340(1) requires a juvenile court to include in any disposition order concerning a child who has been removed from the family home a determination as to whether DHS has made reasonable and active efforts to make it possible for the child to return home.”
— Or. Rev. Stat. § 419B.340(5)(a)(A) — 4 cases
State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006). “ORS 419B.340(1); ORS 419B.476(2)(a). To ensure compliance, the juvenile court is required to determine whether DHS has satisfied that mandate at both the dispos-itional hearing, which generally occurs 60 days after the petition is filed, and the permanency hearing, which…”
State Ex Rel. Juv. Dept. v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). “We next consider whether the trial court's decision at that hearing to excuse further reasonable efforts by DHS to make child's return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
State ex rel. Juv. Dep't v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). “We next consider whether the trial court’s decision at that hearing to excuse further reasonable efforts by DHS to make child’s return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
Dept. of Human Servs. v. S. L. B., 346 Or. App. 641 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 419B.340(5)(a)(D) — 3 cases
Dep't of Human Servs. v. L.L.S. (In re Z.S.), 413 P.3d 1005 (Or. Ct. App. 2018). “As noted, the juvenile court also found that, as a result of father's conviction, DHS was excused under ORS 419B.340(5) from making reasonable efforts by virtue of his convictions.”
Dep't of Human Servs. v. G. D. W., 292 P.3d 548 (Or. 2012). “4 ORS 419B.340(1) requires a juvenile court to include in any disposition order concerning a child who has been removed from the family home a determination as to whether DHS has made reasonable and active efforts to make it possible for the child to return home.”
Dep't of Human Servs. v. G. D. W., 264 P.3d 205 (Or. Ct. App. 2011).
— Or. Rev. Stat. § 419B.340(5)(a)(F) — 1 case
State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006). “ORS 419B.340(1); ORS 419B.476(2)(a). To ensure compliance, the juvenile court is required to determine whether DHS has satisfied that mandate at both the dispos-itional hearing, which generally occurs 60 days after the petition is filed, and the permanency hearing, which…”
— Or. Rev. Stat. § 419B.340(5)(b) — 3 cases
State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006). “ORS 419B.340(1); ORS 419B.476(2)(a). To ensure compliance, the juvenile court is required to determine whether DHS has satisfied that mandate at both the dispos-itional hearing, which generally occurs 60 days after the petition is filed, and the permanency hearing, which…”
State ex rel. Juv. Dep't v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). “We next consider whether the trial court’s decision at that hearing to excuse further reasonable efforts by DHS to make child’s return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
State Ex Rel. Juv. Dept. v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). “We next consider whether the trial court's decision at that hearing to excuse further reasonable efforts by DHS to make child's return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
— Or. Rev. Stat. § 419B.340(5)(b)(A) — 1 case
State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006). “ORS 419B.340(1); ORS 419B.476(2)(a). To ensure compliance, the juvenile court is required to determine whether DHS has satisfied that mandate at both the dispos-itional hearing, which generally occurs 60 days after the petition is filed, and the permanency hearing, which…”
— Or. Rev. Stat. § 419B.340(5)(c) — 3 cases
State ex rel. Juv. Dep't v. Williams, 130 P.3d 801 (Or. Ct. App. 2006). “ORS 419B.340(1); ORS 419B.476(2)(a). To ensure compliance, the juvenile court is required to determine whether DHS has satisfied that mandate at both the dispos-itional hearing, which generally occurs 60 days after the petition is filed, and the permanency hearing, which…”
State ex rel. Juv. Dep't v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). “We next consider whether the trial court’s decision at that hearing to excuse further reasonable efforts by DHS to make child’s return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
State Ex Rel. Juv. Dept. v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). “We next consider whether the trial court's decision at that hearing to excuse further reasonable efforts by DHS to make child's return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
— Or. Rev. Stat. § 419B.340(6) — 2 cases
State ex rel. Juv. Dep't v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). “We next consider whether the trial court’s decision at that hearing to excuse further reasonable efforts by DHS to make child’s return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
State Ex Rel. Juv. Dept. v. Risland, 51 P.3d 697 (Or. Ct. App. 2002). “We next consider whether the trial court's decision at that hearing to excuse further reasonable efforts by DHS to make child's return home possible was within its dispositional authority under ORS 419B.340. As quoted above, ORS 419B.340(5) provides three categories of…”
— Or. Rev. Stat. § 419B.340(7) — 8 cases
State v. N. L., 239 P.3d 255 (Or. Ct. App. 2010).
Dept. of Human Servs. v. T. J., 462 P.3d 315 (Or. Ct. App. 2020).
Dep't of Human Servs. v. J. M., 338 P.3d 191 (Or. Ct. App. 2014).
Dep't of Human Servs. v. M. D., 340 P.3d 86 (Or. Ct. App. 2014).
Dep't of Human Servs. v. N. L., 260 P.3d 537 (Or. Ct. App. 2011).
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