Oregon Revised Statutes

Or. Rev. Stat. § 419B.498 (2026)

Termination of parental rights; petition by Department of Human Services; when required

✓ current as of May 2026

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419B.498 Termination of parental rights; petition by Department of Human Services; when required. (1) Except as provided in subsection (2) of this section, the Department of Human Services shall simultaneously file a petition to terminate the parental rights of a child or ward’s parents and identify, recruit, process and approve a qualified family for adoption if the child or ward is in the custody of the department and:

(a) The child or ward has been in substitute care under the responsibility of the department for 15 months of the most recent 22 months;

(b) A parent has been convicted of murder of another child of the parent, voluntary manslaughter of another child of the parent, aiding, abetting, attempting, conspiring or soliciting to commit murder or voluntary manslaughter of the child or ward or of another child of the parent or felony assault that has resulted in serious physical injury to the child or ward or to another child of the parent; or

(2) The department shall file a petition to terminate the parental rights of a parent in the circumstances described in subsection (1) of this section unless:

(a) The child or ward is being cared for by a relative and that placement is intended to be permanent;

(b) There is a compelling reason, which is documented in the case plan, for determining that filing such a petition would not be in the best interests of the child or ward. Such compelling reasons include, but are not limited to:

(A) The parent is successfully participating in services that will make it possible for the child or ward to safely return home within a reasonable time as provided in ORS 419B.476 (5)(c);

(B) Another permanent plan is better suited to meet the health and safety needs of the child or ward, including the need to preserve the child’s or ward’s sibling attachments and relationships;

(C) If the child is an Indian child, the court finds that tribal customary adoption, as described in ORS 419B.656, is an appropriate permanent plan for the child and the Indian child’s tribe consents to the tribal customary adoption; or

(D) The court or local citizen review board in a prior hearing or review determined that while the case plan was to reunify the family the department did not make reasonable efforts or, if the child or ward is an Indian child, active efforts, as described in ORS 419B.645, to make it possible for the child or ward to safely return home; or

(c) The department has not provided to the family of the child or ward, consistent with the time period in the case plan, such services as the department deems necessary for the child or ward to safely return home, if reasonable efforts to make it possible for the child or ward to safely return home are required to be made with respect to the child or ward.

(3) No petition to terminate the parental rights of a child or ward’s parents pursuant to subsection (1) of this section or pursuant to ORS 419B.500, 419B.502, 419B.504, 419B.506 or 419B.508 may be filed until the court has determined that the permanency plan for the child or ward should be adoption after a permanency hearing pursuant to ORS 419B.476. [1999 c.859 §21; 2001 c.686 §17; 2003 c.396 §82; 2003 c.544 §2; 2007 c.234 §1; 2007 c.806 §12; 2020 s.s.1 c.14 §47; 2021 c.398 §65c]

Notes of Decisions

Cited in 120 cases (38 in the last 5 years), 2001–2026 · leading case: Dep't of Human Servs. v. S.J.M. (In re L.B.M.), 430 P.3d 1021 (Or. 2018).

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Dep't of Human Servs. v. S.J.M. (In re L.B.M.), 430 P.3d 1021 (Or. 2018). · cites it 41× “The latter statute requires DHS to file a petition to terminate parental rights in certain circumstances including, as relevant here, when a child "has been in substitute care under the responsibility of [DHS] for 15 of the most recent 22 months." ORS 419B.”

Dep't of Human Servs. v. S. J. M., 388 P.3d 417 (Or. Ct. App. 2017). · cites it 49× “In affirming the juvenile court, we concluded that the record supported its determination that the mother’s participation in services was not a “compelling reason to forgo a change in plan to adoption under ORS 419B.498 (2)(b)(A).” Id. at 311 . Further, after expressly…”

Dept. of Human Servs. v. C. H., 373 Or. 26 (Or. 2024). · cites it 11× “Under ORS 419B.498, which governs the termina- tion of parental rights, DHS is required to file a petition to terminate parental rights when a child has been in sub- stitute care for 15 of the most recent 22 months, unless an exception applies.”

Dep't of Human Servs. v. T. M. S., 359 P.3d 425 (Or. Ct. App. 2015). · cites it 22× “476(5)(d), “whether one of the circumstances in ORS 419B.498(2) is applicable [.]” ORS 419B.”

Dep't of Human Servs. v. S. S., 388 P.3d 1178 (Or. Ct. App. 2016). · cites it 15× “” DHS pointed to the requirement in ORS 419B.498 that, where a child has been in substitute care for “15 months of the most recent 22 months,” DHS is required to proceed to termination of parental rights unless “[t]here is a compelling reason, which is documented in the case…”

Dep't of Human Servs. v. C. M. E., 374 P.3d 969 (Clatsop Cty. Cir. Ct., O.R. 2016). · cites it 16× “498(2) provides the following exceptions, relevant here, to DHS’s mandate to file a petition to terminate parental rights: “(b) There is a compelling reason, which is documented in the case plan, for determining that filing such a petition would not be in the best interests of…”

Dep't of Human Servs. v. C. L., 295 P.3d 72 (Or. Ct. App. 2012). · cites it 9× “ORS 419B.498, in turn, sets forth the requirements for the simultaneous filing of a petition for termination of parental rights and moving forward with adoption.”

Dep't of Human Servs. v. H. R., 250 P.3d 427 (Or. Ct. App. 2011). · cites it 12× “In her remaining two assignments of error, mother contends that the juvenile court erred in its determination that there was no reason, under ORS 419B.498(2), to defer filing a petition to terminate her parental rights.”

Dep't of Human Servs. v. G. N., 328 P.3d 728 (Or. Ct. App. 2014). · cites it 4× “ORS 419B.498. 5 DHS asserted, however, that there were compelling reasons why the filing of a petition for termination would not be in the child’s best interests.”

Dept. of Human Servs. v. T. J. N., 323 Or. App. 258 (Or. Ct. App. 2022). · cites it 8× “We turn, then, to ORS 419B.498, which “attempts to accommodate the rights of parents and children” when chil- dren are in substitute care “by setting a deadline for DHS to file a petition to terminate parental rights and proceed with adoption” while also providing for “an…”

Dep't of Human Servs. v. N. M. S., 266 P.3d 107 (Or. Ct. App. 2011). · cites it 4× “9 For example, if the court determines that the permanency plan should be adoption, the court must determine whether one of the circumstances in ORS 419B.498(2) is applicable. ORS 419B.498(5)(d).”

Dep't of Human Servs. v. M. H., 337 P.3d 976 (Or. Ct. App. 2014). · cites it 22× “ing; “(b) The court’s determination of the permanency plan for the ward that includes whether and, if applicable, when: “(B) The ward will be placed for adoption, and a petition for termination of parental rights will be filed; “(d) If the court determines that the permanency…”

Show all 120 citing cases →

— Or. Rev. Stat. § 419B.498(1) — 21 cases

Dep't of Human Servs. v. S.J.M. (In re L.B.M.), 430 P.3d 1021 (Or. 2018). “The latter statute requires DHS to file a petition to terminate parental rights in certain circumstances including, as relevant here, when a child "has been in substitute care under the responsibility of [DHS] for 15 of the most recent 22 months." ORS 419B.”

Dept. of Human Servs. v. T. J. N., 323 Or. App. 258 (Or. Ct. App. 2022). “We turn, then, to ORS 419B.498, which “attempts to accommodate the rights of parents and children” when chil- dren are in substitute care “by setting a deadline for DHS to file a petition to terminate parental rights and proceed with adoption” while also providing for “an…”

Dept. of Human Servs. v. C. H., 373 Or. 26 (Or. 2024). “Under ORS 419B.498, which governs the termina- tion of parental rights, DHS is required to file a petition to terminate parental rights when a child has been in sub- stitute care for 15 of the most recent 22 months, unless an exception applies.”

Dep't of Human Servs. v. S. J. M., 388 P.3d 417 (Or. Ct. App. 2017). “In affirming the juvenile court, we concluded that the record supported its determination that the mother’s participation in services was not a “compelling reason to forgo a change in plan to adoption under ORS 419B.498 (2)(b)(A).” Id. at 311 . Further, after expressly…”

State Ex Rel. State Off. for Servs. to Child. & Families v. Mitchell, 49 P.3d 838 (Or. Ct. App. 2002).

— Or. Rev. Stat. § 419B.498(1)(a) — 13 cases

Dept. of Human Servs. v. M. H., 473 P.3d 1152 (Or. Ct. App. 2020).

Dept. of Human Servs. v. T. J. N. (Or. 2023).

— Or. Rev. Stat. § 419B.498(2) — 69 cases

Dep't of Human Servs. v. S. S., 388 P.3d 1178 (Or. Ct. App. 2016). “” DHS pointed to the requirement in ORS 419B.498 that, where a child has been in substitute care for “15 months of the most recent 22 months,” DHS is required to proceed to termination of parental rights unless “[t]here is a compelling reason, which is documented in the case…”

Dep't of Human Servs. v. G. E., 260 P.3d 516 (Or. Ct. App. 2011).

Dep't of Human Servs. v. S. J. K. (In re S. R. K.), 439 P.3d 578 (Or. Ct. App. 2019).

— Or. Rev. Stat. § 419B.498(2)(a) — 4 cases

Dep't of Human Servs. v. H. R., 250 P.3d 427 (Or. Ct. App. 2011). “In her remaining two assignments of error, mother contends that the juvenile court erred in its determination that there was no reason, under ORS 419B.498(2), to defer filing a petition to terminate her parental rights.”

Dep't of Human Servs. v. C. L., 295 P.3d 72 (Or. Ct. App. 2012). “ORS 419B.498, in turn, sets forth the requirements for the simultaneous filing of a petition for termination of parental rights and moving forward with adoption.”

Dep't of Human Servs. v. M. T. P. (In re C. J. P.), 430 P.3d 585 (Or. Ct. App. 2018).

Dept. of Human Servs. v. J. H., 514 P.3d 143 (Or. Ct. App. 2022).

— Or. Rev. Stat. § 419B.498(2)(b) — 40 cases

Dep't of Human Servs. v. T. M. S., 359 P.3d 425 (Or. Ct. App. 2015). “476(5)(d), “whether one of the circumstances in ORS 419B.498(2) is applicable [.]” ORS 419B.”

— Or. Rev. Stat. § 419B.498(2)(b)(A) — 13 cases

Dep't of Human Servs. v. T. M. S., 359 P.3d 425 (Or. Ct. App. 2015). “476(5)(d), “whether one of the circumstances in ORS 419B.498(2) is applicable [.]” ORS 419B.”

Dep't of Human Servs. v. C. M. E., 374 P.3d 969 (Clatsop Cty. Cir. Ct., O.R. 2016). “498(2) provides the following exceptions, relevant here, to DHS’s mandate to file a petition to terminate parental rights: “(b) There is a compelling reason, which is documented in the case plan, for determining that filing such a petition would not be in the best interests of…”

Dep't of Human Servs. v. D. I. R., 395 P.3d 970 (Or. Ct. App. 2017).

— Or. Rev. Stat. § 419B.498(2)(b)(B) — 23 cases

Dep't of Human Servs. v. T. M. S., 359 P.3d 425 (Or. Ct. App. 2015). “476(5)(d), “whether one of the circumstances in ORS 419B.498(2) is applicable [.]” ORS 419B.”

Dep't of Human Servs. v. T. L. M. H. (In re B. J. M.), 432 P.3d 1186 (Or. Ct. App. 2018).

— Or. Rev. Stat. § 419B.498(2)(b)(C) — 9 cases

Dep't of Human Servs. v. D. M. T., 243 P.3d 836 (Or. Ct. App. 2010).

Dept. of Human Servs. v. M. A. N., 464 P.3d 506 (Or. Ct. App. 2020).

Dept. of Human Servs. v. M. G. J., 374 Or. 228 (Or. 2025).

Dep't of Human Servs. v. K. C. J., 207 P.3d 423 (Or. Ct. App. 2009).

Dept. of Human Servs. v. M. G. J., 374 Or. 228 (Or. 2025).

— Or. Rev. Stat. § 419B.498(2)(c) — 5 cases

Dep't of Human Servs. v. T. M. S., 359 P.3d 425 (Or. Ct. App. 2015). “476(5)(d), “whether one of the circumstances in ORS 419B.498(2) is applicable [.]” ORS 419B.”

Dep't of Human Servs. v. J. F. D., 298 P.3d 653 (Or. Ct. App. 2013).

Dep't of Human Servs. v. L. B., 265 P.3d 42 (Or. Ct. App. 2011).

Dep't of Human Servs. v. A. D. D. B., 375 P.3d 575 (Lane Cty. Cir. Ct., O.R. 2016).

— Or. Rev. Stat. § 419B.498(3) — 10 cases

State v. L. C., 228 P.3d 594 (Or. Ct. App. 2010).

Dep't of Human Servs. v. M. H., 337 P.3d 976 (Or. Ct. App. 2014). “ing; “(b) The court’s determination of the permanency plan for the ward that includes whether and, if applicable, when: “(B) The ward will be placed for adoption, and a petition for termination of parental rights will be filed; “(d) If the court determines that the permanency…”

Dept. of Human Servs. v. M. G. J., 374 Or. 228 (Or. 2025).

— Or. Rev. Stat. § 419B.498(5)(d) — 1 case

Dep't of Human Servs. v. N. M. S., 266 P.3d 107 (Or. Ct. App. 2011). “9 For example, if the court determines that the permanency plan should be adoption, the court must determine whether one of the circumstances in ORS 419B.498(2) is applicable. ORS 419B.498(5)(d).”

— Or. Rev. Stat. § 419B.498(l)(a) — 6 cases

State ex rel. Juv. Dep't v. J. L. M., 184 P.3d 1203 (Or. Ct. App. 2008).

State ex rel. Juv. Dep't v. K. L., 194 P.3d 845 (Or. Ct. App. 2008).

Dep't of Human Servs. v. R. B., 329 P.3d 787 (Or. Ct. App. 2014).

State ex rel. Juv. Dep't v. C. S. W., 195 P.3d 408 (Or. Ct. App. 2008).

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