Dept. of Human Services v. A. J. M

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 05-15-2013
  • Case #: A151523
  • Judge(s)/Court Below: Wollheim, J. for the Court; Schuman, P.J.; and Hadlock, J.
  • Full Text Opinion

Under ORS 419B.923(1)(a), a juvenile court has the authority to issue a “corrected permanency judgment” if the correction is for an oversight or omission. In addition, the court has authority to correct the judgement at any time.

Mother appealed the trial court's “correction” to a permanency judgment order. The juvenile court entered a judgment changing the permanency plan of the child from reunification to adoption. However, the judgment did not include any description of efforts DHS made regarding the case plan in effect as required by ORS 419.476(5)(a). The juvenile court allowed a correction to the judgment under ORS 419B.923(1)(a), which allows corrections to a judgment for oversight, omission or clerical mistake. Mother appealed, contending that the authority to correct an "oversight or omission" was not created to authorize the juvenile court to add substantive findings that were never made at the hearing or documented in the judgment. The Court ruled that the failure to include the list of the services DHS has provided was an oversight or an omission as the lower court relied on this information in making its ruling. Therefore, under ORS 419B.923(1)(a) the lower court had the authority to correct this judgment. Additionally, Mother asserted that the court lacked the authority to correct the judgment 20 days after the permanency hearing as required under ORS 419B.476(5)(a). The Court held, under ORS 419B.923(1)(a), the juvenile court has authority to correct the judgment "at any time." Affirmed.

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