Willamette Law Online

Oregon Court of Appeals


ListPreviousNext


Dept. of Human Services v. S.P.

Summarized by: 

Date Filed: 03-28-2012
Case #: A149250
Armstrong, J. for the Court; Haselton, P.J.; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/Publications/A149250.pdf

Family Law: Under ORS 419B.100(1)(c), state jurisdiction over a newborn is not supported where the record lacks clear statements of reoccurring problems and where the record does not demonstrate the extent of a mother's developmental disability or the existence of a father's alleged mental health and anger issues.

Following hearing, a juvenile court took jurisdiction over infant K under ORS 419B.100(1)(c) on the grounds that Mother's developmental disability and Father's mental health concerns and anger issues prevented the parents from meeting K's basic needs, endangering the child's welfare. Mother alone appealed, arguing the evidence against both Mother and Father was insufficient. The Court of Appeals, considering the capacity of Mother and Father in combination, agreed with Mother. The Court held that the record did not support the juvenile court's finding that Father was unable to provide necessary care. Additionally, the Court held, as a matter of law, that the record lacked evidence of the effects of Mother's disability, therefore the juvenile court's finding that Mother was unable to provide necessary care was error and K's welfare was not endangered when the circumstances were taken as a whole. Reversed and Remanded.