Dept. of Human Services v. B.P.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 09-21-2016
  • Case #: A160781
  • Judge(s)/Court Below: Egan, J. for the Court; Armstrong, P.J.; & Shorr, J.
  • Full Text Opinion

An appeal of one jurisdictional judgment does not invalidate subsequent stand-alone jurisdictional judgments.

Father appeals the court's 2015 jurisdictional judgment and the termination of parental rights judgment based on the grounds that both judgments are linked to the 2014 jurisdictional judgment that was reversed on appeal. DHS argues that the petitions resulting in the 2015 jurisdiction judgment and the termination of parental rights judgment were stand-alone petitions and not linked to the 2014 jurisdictional judgment that invalidated. The Court held that the reversal of the 2014 jurisdiction judgment did not invalidate the 2015 jurisdiction judgment as a matter of law and that the 2015 jurisdiction judgment is valid because the petition contained separate allegations from those that were reversed. The Court also held that because the basis for jurisdiction was valid, the termination of parental rights petition was also valid. Affirmed. 

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