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Department of Human Services v. B.B.

Summarized by: 

Date Filed: 03-14-2012
Case #: A147227
Nakamoto, J., for the Court; Schuman, P.J.; and Wollheim, J. (dissenting)
Full Text Opinion: http://www.publications.ojd.state.or.us/sites/Publications/A147227.pdf

Juvenile Law: A history of sexual abuse is insufficient grounds to support a finding, sixteen years after the last confirmed instance of abuse, that a father presents a current risk of danger to his minor children.

Father and Mother appealed the juvenile court's judgment taking jurisdiction of their children contending there was insufficient evidence to support the court's finding that the parents endangered the children. Father had served a prison sentence for physically and sexually abusing children in the past and underwent a post-prison supervision plan that required he complete a sexual offender treatment program. In 1999, the family moved to Ohio, where the record indicated Ohio authorities were aware of Father's history, but found no reason for further action. Upon the family's return to Oregon in 2010, DHS petitioned for the juvenile court to take jurisdiction. The juvenile court took jurisdiction, finding that Father had a history of sexual abuse and had failed to complete a treatment program. The Court of Appeals found there was no evidence of a current risk to the children and there were no allegations or evidence of any further abuse since 1999. Additionally, the Court held the testimony presented at the juvenile court was insufficient to support the findings that Father’s earlier offenses presented a current risk to his children. Reversed.