No. 18 January 2, 2025 303 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of K. S., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. M. A. T., Appellant.

Multnomah County Circuit Court No. 20JU03829 Petition No. 114102; A182950 (Control) In the Matter of W. S., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. M. A. T., Appellant.

Multnomah County Circuit Court No. 20JU03830 Petition No. 114102; A182951 In the Matter of G. S., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and G. S., Respondent, v. M. A. T., Appellant.

304 Dept. of Human Services v. M. A. T.

Multnomah County Circuit Court No. 20JU03831 Petition No. 114102; A182952 In the Matter of T. S., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and T. S., Respondent, v. M. A. T., Appellant.

Multnomah County Circuit Court No. 20JU03832 Petition No. 114102; A182953 In the Matter of C. S., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. M. A. T., Appellant.

Multnomah County Circuit Court No. 20JU03833 Petition No. 114102; A182954 In the Matter of D. S., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. M. A. T., Appellant.

Multnomah County Circuit Court No. 20JU03834 Petition No. 114102; A182957 Nonprecedential Memo Op: 337 Or App 303 (2025) 305 In the Matter of T. S., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. M. A. T., Appellant.

Multnomah County Circuit Court No. 20JU03835 Petition No. 114102; A182959, A182950 (Control) Francis G. Troy, II, Judge.

On appellant’s petition for reconsideration filed October 9, 2024, and respondent Department of Human Resources response filed October 15, 2024, and respondent children response filed October 16, 2024.

Shannon Storey, Chief Defender, Juvenile Appellate Section, and Kyle Sessions, Deputy Public Defender, Office of Public Defense Services, for petition.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Emily N. Snook, Assistant Attorney General, for respondent Department of Human Services response.

Ginger Fitch filed the response for child respondents.

Before Shorr, Presiding Judge, Pagán, Judge, and Mooney, Senior Judge.

PAGÁN, J.

Reconsideration allowed; former opinion modified and adhered to as modified.

306 Dept. of Human Services v. M. A. T.

PAGÁN, J.

Mother petitions for reconsideration of our decision in Dept. of Human Services v. M. A. T., 334 Or App 292 (2024) (nonprecedential memorandum opinion), contending that we erred because (1) as a factual matter, the permanency plans were reunification when mother filed the motions to dismiss; and (2) as a matter of law, that fact allocated the burden of proof upon the department and not on mother. We agree that our decision contained a misstatement and allow the petition and modify our prior opinion to correct the fact that at the time of mother’s motion to dismiss, it was the depart- ment’s burden to prove that the original jurisdictional bases continued to pose a serious risk or loss to the children likely to be realized absent jurisdiction.

Accordingly, we delete the following from the sec- ond paragraph: “At the time mother’s motion to dismiss was heard, the permanency plan for the children was not reuni- fication; therefore mother” and replace it with: “DHS”.

We otherwise adhere to the original opinion, because our rationale and ruling was based on a correct understand- ing of the law despite the misstatement in the opinion.

Reconsideration allowed; former opinion modified and adhered to as modified.