Dept. of Human Services v. J. C.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 11-22-2017
  • Case #: A164555
  • Judge(s)/Court Below: Armstrong, P.J., for the Court; Tookey, J.; & Shorr, J.
  • Full Text Opinion

A court's wardship can continue only if the court has jurisdiction over the child, and jurisdiction by the court can continue as long as the basis for jurisdiction have not been ameliorated. ORS 419B.366; Dept. of Human Services v. T. L., 279 Or App 673, 678 (2016).

Mother appealed from a juvenile court judgment. Mother assigned error to the court’s denial of her motion to both vacate a guardianship over her child and terminate the court’s wardship. On appeal, Mother argued that the court erred when it denied her motion without addressing whether the bases for the court’s jurisdiction over the child had been ameliorated by Mother. In response, Guardian argued that ameliorating the bases for jurisdiction was only one of three requirements in ORS 419B.366, and that to grant her motion would be to make the other factors ineffective. A court's wardship can continue only if the court has jurisdiction over the child, and jurisdiction by the court can continue as long as the basis for jurisdiction have not been ameliorated. ORS 419B.366; Dept. of Human Services v. T. L., 279 Or App 673, 678 (2016). The Court of Appeals determined that the juvenile court failed to address whether the bases for continuing jurisdiction over the child still existed. Accordingly, the Court held that the juvenile court erred in denying Mother’s motion. Vacated and remanded.

Advanced Search