Dept. of Human Services v. J.R.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 09-30-2015
  • Case #: A158638
  • Judge(s)/Court Below: Egan, J., for the Court; Armstrong, P.J.; & Schuman, S.J.
  • Full Text Opinion

In order for the juvenile court to assume jurisdiction over a minor, the court must find that there is current serious, nonspeculative threat of harm to the child that is reasonably likely to be realized.

The juvenile court assumed jurisdiction over two minors, JRM and JMLR, based on allegations that J.R. (Father) failed to protect the children from their unfit mother. Father moved to dismiss the juvenile court’s jurisdiction and wardship, arguing that the evidence was insufficient to show that the children’s present conditions endangered their welfare. DHS objected, and the juvenile court denied the motion after a hearing, which Father appealed. To support juvenile court jurisdiction, the court must find that there is a current threat of serious, nonspeculative injury to the child, and a reasonable likelihood the threat will be realized. The court must look at the entirely of the circumstances to determine whether the child’s welfare is endangered. The Court found that none of the evidence DHS presented supported a finding that the children’s lives were endangered or that Father could not adequately protect the children from their mother. Reversed.

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