- Court: Oregon Court of Appeals
- Area(s) of Law: Family Law
- Date Filed: 03-28-2012
- Case #: A149250
- Judge(s)/Court Below: Armstrong, J. for the Court; Haselton, P.J.; and Duncan, J.
- Full Text Opinion
Following hearing, a juvenile court took jurisdiction over infant K under ORS 419B.100(1)(c) on the grounds that Mother's developmental disability and Father's mental health concerns and anger issues prevented the parents from meeting K's basic needs, endangering the child's welfare. Mother alone appealed, arguing the evidence against both Mother and Father was insufficient. The Court of Appeals, considering the capacity of Mother and Father in combination, agreed with Mother. The Court held that the record did not support the juvenile court's finding that Father was unable to provide necessary care. Additionally, the Court held, as a matter of law, that the record lacked evidence of the effects of Mother's disability, therefore the juvenile court's finding that Mother was unable to provide necessary care was error and K's welfare was not endangered when the circumstances were taken as a whole. Reversed and Remanded.