Dept. of Human Services v. B.A.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Appellate Procedure
  • Date Filed: 06-18-2014
  • Case #: A155213
  • Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; and Hadlock, J.
  • Full Text Opinion

Courts do not have authority to decide moot cases; a case is moot when it involves a matter that no longer is a controversy between the parties.

Mother and Father both appealed the juvenile court’s decision to take jurisdiction over their two-year-old daughter. Mother and Father live together but admitted that Mother’s alcohol problem presented a potential risk to the child. Furthermore, the Father lacked a custody order which could adequately protect the child from the Mother. The juvenile court took jurisdiction and established wardship over the child because of the potential danger Mothers alcohol problem poses to the child and the Fathers inability to protect the child from the Mother. Mother and Father appealed. The State argued that the appeal should be dismissed because the Father had since obtained sole custody of the child and the juvenile court has dismissed jurisdiction and terminated wardship of the child. The Court agreed with the State and dismissed the appeal because the parties no longer had adverse interests. Thus the Court rendered the appeal moot. Appeal dismissed as moot.

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