Dept. of Human Services v. Z. E. W.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 02-18-2016
  • Case #: A159211
  • Judge(s)/Court Below: Duncan, P.J. for the Court; DeVore, J.; & Flynn, J.
  • Full Text Opinion

The Court will not review as-of-yet unadjudicated petitions to the juvenile court to assert jurisdiction over minors.

In this consolidated case, Father appealed the juvenile court's dismissal of his motion to dismiss DHS's petitions to continue the juvenile court's jurisdiction over two children. Father had moved to dismiss DHS's petitions filed on December 20, 2013, for cases adjudicated in February and March 2014, on grounds that the petitions did not provide bases for the juvenile court's assertion of jurisdiction. The juvenile court ruled on the December 20, 2013 petitions, despite DHS's filing of amended petitions which had not been adjudicated at the time of appeal. Father argued on appeal that the juvenile court erred by adjudicating the December 20 petitions, and further argued that the court should have dismissed the amended petitions. DHS conceded that the December 20 petitions did not provide bases for the court to assert jurisdiction. DHS argued that the amended petitions, which were as of yet unadjudicated, provided a basis for the juvenile court's assertion of jurisdiction. The Court agreed that the juvenile court erred by denying Father's motion to dismiss the December 20 petitions, but held that the amended petitions were unripe for appeal. Accordingly, the Court reversed the juvenile court's judgment based on the December 20 petitions, and remanded the case.

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