Dept. of Human Services v. A. H.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 12-30-2015
  • Case #: A159624
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Nakamoto, J.; & Tookey, J.
  • Full Text Opinion

Where the cumulative negative effects of a jurisdictional order entered on legally insufficient evidence are substantial enough, a motion to dismiss for mootness may be denied.

Parents appeal jurisdiction of their child, A, due to Mother's behaviors that placed A at risk, Parents' inability to meet A's specialized needs, and Parents' failure to protect A from a family member who sexually abused her. A was placed with Grandparents, where she continued to live during and after jurisdiction was taken, and where Parents agreed A could stay. DHS contended that because they had entered a judgment dismissing jurisdiction the issue was moot. The Court held the entry of a jurisdictional order was improper because the record did not contain legally sufficient evidence of a current threat of harm to A, and that the cumulative negative effects on Parents, including employment and social stigma, were significant enough the case was not moot. Motion to dismiss denied; jurisdictional judgment reversed.

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