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Dept. of Human Services v. C. F .

Summarized by: 

Date Filed: 08-14-2013
Case #: A152181
Wollheim, J. for the Court; Schuman, P.J.; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A152181.pdf

Juvenile Law: The court will look to the totality of the circumstances to determine if the record is legally sufficient to permit a court's ruling that there was a current threat of serious injury to the children.

Father appealed a judgment of the juvenile court taking jurisdiction over his children. Mother and Father have two children. The Department of Human Services (DHS) petitioned for jurisdiction over the children based on evidence that the children were under threat of harm. Mother admitted allegations of placing the children under a threat of harm. Father did not admit to the allegations. The juvenile court's first judgment establishing jurisdiction related to Mother only, and called for another jurisdictional hearing regarding Father. Neither party appealed the order. Next, the juvenile court entered a second judgment with regard to Father finding the children within the jurisdiction of the court. Father appealed. Father argued that there was not legally sufficient evidence in the record to support the court's decision. On the other hand, DHS asserted that Father's appeal was not justiciable because even if the court overturned the second judgment establishing jurisdiction the first judgment relating to Mother would still be in effect. The Court held that the trial court had the authority to set aside its earlier judgment. Additionally, the Court held that because there was a pattern of domestic violence, the record was legally sufficient to permit the court's ruling.  Affirmed.