Dept. of Human Services v. D.M.H.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 07-15-2015
  • Case #: A158545
  • Judge(s)/Court Below: PER CURIAM; Sercombe, P.J.; Hadlock, J.; & Tookey, J.
  • Full Text Opinion

In order to establish continuing jurisdiction over the wardship of a child, the trial court asserting jurisdiction must show through facts in the record that, at the time of the hearing, the child's circumstances and conditions give rise to a current and continuing threat of harm.

Parents appealed an order from the trial court asserting continuing jurisdiction of wardship over Child, H. The trial court had asserted jurisdiction over the child in July, 2014, but the child had remained living with Parents. Later, in December, 2014, the court held a permanency hearing and ordered continuing jurisdiction over the child based on the same factual record from the July, 2014 dependency hearing. Parents appealed, arguing that the order was not based on the child's current condition and circumstances as of December, 2014, and therefore the trial court erred by asserting jurisdiction. The Court agreed, and reversed the trial court with respect to the wardship determination.

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