Dept. of Human Services v. L. S. H.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 06-28-2017
  • Case #: A163923
  • Judge(s)/Court Below: Lagesen, J. for the Court, DeHoog, P.J.; &Wollheim, S.J.
  • Full Text Opinion

Jurisdiction of a child is permissible when a parent admits to an allegation, even if the allegation is “ambiguous and susceptible to multiple interpretations” if one of those interpretations would allow DHS to present evidence that is sufficient to prove jurisdiction is necessary. Dept. of Human Services v. D.D., 238 Or App 134, 140-141, 241 P3d 1177, 1181 (2010), rev den, 349 Or 602 (2011).

Mother appealed a juvenile court's jurisdiction judgment. Mother assigned error to the court’s determination that an agreement with DHS and admission to an amended allegation waived her right to an evidentiary hearing. She argued her admission was not sufficient to prove jurisdiction. Jurisdiction of a child is permissible when a parent admits to an allegation, even if the allegation is “ambiguous and susceptible to multiple interpretations” if one of those interpretations would allow DHS to present evidence that is sufficient to prove jurisdiction is necessary. Dept. of Human Services v. D.D., 238 Or App 134, 140-141, 241 P3d 1177, 1181 (2010), rev den, 349 Or 602 (2011). The Court of Appeals held that the juvenile court did not error because the mother waived her right to an evidentiary hearing and DHS could have offered evidence to support the jurisdiction finding. Affirmed. 

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