State v. G. V. L.

Under ORS 419B.100(1)(c), juvenile courts have jurisdiction over children “[w]hose condition or circumstances are such as to endanger the welfare of the child.”

Child appealed the juvenile court’s dismissal of his petition for juvenile dependency and the juvenile court’s decision to not take dependency jurisdiction over child.  Child assigned error to the decision that he was not within the juvenile court’s jurisdiction as a matter of law.  Child argued that the juvenile court had jurisdiction over his case for a host of reasons based on evidence of his violently abusive father in Guatemala and the real threat to child if he were deported and that the juvenile court's conclusion was incorrect as a matter or law. Under ORS 419B.100(1)(c), juvenile courts have jurisdiction over children “[w]hose condition or circumstances are such as to endanger the welfare of the child.”  The court held that because the threat of harm to child was not too speculative and the child depends on the courts protection, the juvenile court erred in declining to take jurisdiction over child under ORS 419B.100(1)(c).  Reversed and remanded.