Dept. of Human Services v. G. E.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 10-19-2011
  • Case #: A146271
  • Judge(s)/Court Below: Schuman, P.J. for the court; Wollheim, J.; & Nakamoto, J.
  • Full Text Opinion

The Court of Appeals is bound by any findings of fact of a juvenile court that are supported by current evidence.

Mother requested reconsideration of the Court of Appeals’ decision denying her motion to dismiss the juvenile court’s jurisdiction over her child. The juvenile court held in its 2010 judgment that because mother did not follow up with the court’s substance abuse treatment it recommended after its 2009 hearing, the court had evidence to support their 2010 decision that mother was still a threat to her child. According to uncontested testimony of mother’s case worker, even though mother did not complete treatment, she was not currently suffering from substance abuse. She also contended that there was no evidence that any possible substance abuse was a threat to her child. The Court of Appeals agreed that absent current evidence that she had a substance abuse problem and still posed a threat to her child, the juvenile court erred in denying mother’s motion to dismiss. Reversed and remanded for entry of judgment dismissing jurisdiction.

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