Dept. of Human Services v. A.F.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 03-01-2017
  • Case #: A162622
  • Judge(s)/Court Below: Flynn, J. for the Court; DeHoog, J.; & Sercombe, P.J.
  • Full Text Opinion

To prevail against parents’ motion to dismiss jurisdiction, DHS is required to prove by a preponderance of the evidence that, at the time of the hearing: (1) the facts upon which jurisdiction was based continue, (2) those facts continue to expose the child to a risk of serious loss or injury, and (3) the risk will likely be realized should the court terminate the wardship and dismiss jurisdiction. Dept. of Human Services v. T. L., 279 Or App 673, 678, 379 P3d 741 (2016).

Parents appealed from a denial of their motion to dismiss jurisdiction as to their child, C. Parents assigned error to the juvenile court's determination that the Department of Human Services (DHS) had proven Parents’ had “limited cognitive abilities that interfere with [their] ability to safely parent the child.” On appeal, Parents argued that in light of the current circumstances, which changed since the juvenile court originally asserted jurisdiction, their cognitive limitations no longer constituted a basis for jurisdiction. To prevail against a parent's motion to dismiss jurisdiction, DHS is required to prove by a preponderance of the evidence that, at the time of the hearing: (1) the facts upon which jurisdiction was based continue, (2) those facts continue to expose the child to a risk of serious loss or injury, and (3) the risk will likely be realized should the court terminate the wardship and dismiss jurisdiction. Dept. of Human Services v. T. L., 279 Or App 673, 678, 379 P3d 741 (2016). The Court of Appeals determined that the evidence DHS presented as proof was not merely speculative. Therefore, the Court held that the record, viewed in the light most favorable to the juvenile court’s jurisdictional disposition, permits the decision to continue jurisdiction. Affirmed. 

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