Dept. of Human Services v. W. S. C.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 02-29-2012
  • Case #: A149189
  • Judge(s)/Court Below: Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.
  • Full Text Opinion

The Oregon statutory limitation on the creation of judicial remedies for failing to file a timely appeal of a permanency hearing comports with due process unless specific circumstances arise.

The juvenile court terminated a father's rights to all five of his children and the father did not timely appeal this judgment. Father asked the Court to grant his appeal because his trial counsel mishandled the filing of the notices of appeal. Father sought to have the Court of Appeals fashion a judicial remedy to vindicate his statutory claim and argued, as a matter of due process under the United States Constitution, he is entitled to raise the substantive issue of his parental fitness on appeal. The Court of Appeals held that ORS 419A.200 forecloses the fashioning of a judicial remedy for late appeals. The Court also held that Father's right to due process was sufficiently met in the termination hearing and thus does not require he be allowed to file a late appeal. Appeals dismissed.

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