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

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 11-07-2012
  • Case #: A150957
  • Judge(s)/Court Below: Schuman, P.J. for the Court; Hadlock, J.; and You, J.
  • Full Text Opinion

Jurisdiction in custody cases involving multiple jurisdictions is determined by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), ORS 109.701 to 109.834. Pursuant to ORS 109.741(1), the court may make an initial custody determination.

Mother appealed a judgment of the juvenile court. Mother was from Indiana and gave birth to her infant daughter (N) in Indiana. However, Mother lived in Oregon for four years prior to N's birth. While in Oregon, Mother became pregnant, received prenatal care and public assistance, and sought medical treatment for N. Mother suspected N was allergic to milk-based formulas. The hospital determined that N was not allergic, and contacted the Department of Human Services (DHS) when mother unexpectedly removed N from the hospital. DHS removed N and filed a petition for jurisdiction, which was granted. Mother appealed, and claimed that the court lacked subject matter jurisdiction. Jurisdiction in custody cases involving multiple jurisdictions is determined by the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), ORS 109.701 to 109.834. The Court held that, pursuant to ORS 109.741(1)(b), the juvenile court had jurisdiction to make an initial custody determination for N because no other state had jurisdiction, mother and N had significant connections with Oregon, and all of the relevant evidence concerning N was in Oregon. Affirmed.

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