- Court: Oregon Court of Appeals
- Area(s) of Law: Juvenile Law
- Date Filed: 10-21-2015
- Case #: A159069
- Judge(s)/Court Below: Nakamoto, J. for the Court; Lagesen, P.J.; & Garrett, J.
- Full Text Opinion
Ward appeals the juvenile court’s order denying Ward’s motion to dismiss jurisdiction, arguing that the Guardians failed to prove that the facts that gave rise to jurisdiction in 2001 persist to the degree that they pose a current threat of serious loss or injury that is reasonably likely to be realized. In 2001, DHS obtained jurisdiction over Ward for the following reasons: (1) Mother failed to protect from someone known to have physically abused kids, (2) four instances of physical abuse, (3) Mother witnessed Ward being injured and did not protect him, (4) Mother hid children from investigation and protected the abuser, (5) Ward has special educational, medical, and counseling needs, and (6) Father is a convicted sex offender. In 2014, Guardians requested a guardianship review hearing because ward was living with Mother and spending time with Father, and exhibiting some criminal behavior. Because Ward is autistic, guardians requested that Ward be put in an assisted living home. The court concluded that all six jurisdictional bases were still present. The Court held Guardians had to show that there was still a reasonable likelihood of harm to the welfare of the child. Evidence of a past threat to Ward's welfare is not sufficient to prove present jurisdiction. There was no evidence that Ward’s parents continue to pose a threat and Ward’s current mental health concerns and homelessness is not the same as the jurisdictional basis that Mother could not care for Ward’s mental health issues. Reversed.