B. R. v. Department of Human Services

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 09-30-2015
  • Case #: A159031
  • Judge(s)/Court Below: Per Curiam
  • Full Text Opinion

If a trial court allows a parent to appear at the hearing over the telephone, they must allow the parent to participate, including testifying against DHS's case against them.

Mother appealed jurisdictional judgments that placed her children in the custody of the Department of Human Services (DHS). Mother's attorney was present but Mother was unable to attend the hearing. She was allowed to appear over the phone. Mother moved to continue the hearing because DHS had added new allegations. The court denied the motion and allowed DHS to present its prima facie case without Mother's participation. Mother was not allowed to testify to oppose DHS's case. On appeal, Mother assigned error to the trial court's determination that she failed to appear and its reliance on that determination in allowing DHS to present its case and render a judgment. DHS conceded that once the court allowed Mother to appear via telephone, it should have allowed her to testify over the phone. Reversed and remanded.

Advanced Search