Dept. of Human Services v. L. G.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 07-05-2012
  • Case #: A149648
  • Judge(s)/Court Below: Wollheim, J. for the Court; Schuman, P.J.; and Nakamoto, J.

A juvenile court only has jurisdiction over a child as long as the bases for the jurisdiction are currently present.

Petitioner appealed a ruling by the juvenile court finding Petitioner's child, L, within the jurisdiction of the court. L was made a ward of the court based on conditions and circumstances that endangered the welfare of L. The juvenile court supported the bases by finding that Petitioner was in an abusive relationship and failed to recognize the threat posed by her abusive partner. Petitioner argued that the evidence was insufficient to support jurisdiction because by the time of the trial, all the bases were no longer present and jurisdiction of the court must take into account current circumstances. The Court of Appeals agreed and reversed the juvenile court's decision because Petitioner was no longer living with her partner, complying with her case plan requirements, attending a support group, and generally doing well during supervised visits. Reversed.

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