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Department of Human Services v. K. H.

Summarized by: 

Date Filed: 04-17-2013
Case #: A152286
Before Ortega, P.J.; Sercombe, J.; and Hadlock, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A152286.pdf

Juvenile Law: No due process violation results when a court limits submission of evidence to an offer of proof, and then decides based on that evidence that a further evidentiary hearing is unnecessary.

Mother appealed a juvenile court's ruling that established a durable guardianship for her child.  Mother made two contentions of error: (1) the court erred by denying a request of an evidentiary hearing, and (2) insufficiency of  the evidence. During a hearing, the state requested the juvenile court to grant its motion to establish guardianship.  In response, Mother requested an evidentiary hearing.  The court denied the request.  Ultimately, the juvenile court denied the Mother's request after considering the case's history.  Mother appealed to the Court of Appeals, arguing that the court had denied an opportunity to present evidence that her child could be returned.  The state responded that the juvenile court had considered enough evidence to deny Mother's request.  The Court of Appeals held that the hearing was sufficient and conducted in a fundamentally fair proceeding.  Mother declined to cross-examine the proposed guardian and present evidence.  The Court also rejected Mother's second contention.  The juvenile had sufficient evidence.  Affirmed.