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Dept. of Human Services v. J. G.

Summarized by: 

Date Filed: 08-14-2013
Case #: A150208
Nakamoto, J. for the Court; Schuman, P.J.; Wollheim, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A150208A.pdf

Evidence: Statements that the court relied on to establish jurisdiction were admissible under OEC 803(4) as statements for the purpose of medical diagnosis or treatment.

The court granted review and vacated and remanded for reconsideration based on the Supreme Court's decision in Dept. of Human Services v. G. D. W., 353 Or 25, 292 P3d 548 (2012). DHS took custody over the father's biological son and four step-children due to physical and emotional abuse. Statements made by the step-children were admitted against the father as statements by a party-opponent. However, in light of the holding in G.D.W., that holding was in error because DHS did not show that the step-children had taken a position on the issues that was adverse to the father. The court affirmed the judgment and admitted the statements under OEC 803(4) as statements made for the purpose of medical diagnosis or treatment. The statements were made during an interview with a doctor for the purpose of medical treatment.