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Dept. of Human Services v. A.R.S.

Summarized by: 

Date Filed: 09-25-2013
Case #: A153447
Ortega, P.J. for the Court; Sercombe, J.; and Hadlock, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A153447.pdf

Juvenile Law: Under ORS 419B.100(1)(c), a juvenile court has jurisdiction of a child whose condition or circumstances, under the totality of the circumstances, are such that there is a reasonable likelihood that the welfare of the child is endangered.

Mother and child challenged the district court’s refusal to dismiss the wardship of child arguing that there was no basis for jurisdiction over the child under ORS 419B.100(1)(c) because the conditions that had originally given rise to the jurisdiction no longer existed. The Department of Human Services (DHS) argued that there were two bases for jurisdiction; mother’s residential instability and her choice of unsafe partners. DHS presented evidence that mother was currently living in an approved home but that she sought to move into her mother’s house where the child was currently living. Further, evidence showed that mother had previously been in a relationship with a man who had threatened to harm her if she left him, however, she no longer had any contact with this man. Under ORS 419B.100(1)(c) a juvenile court has jurisdiction of a child whose condition or circumstances, under the totality of the circumstances, are such that there is a reasonable likelihood that the welfare of the child is endangered. The Court concluded that there was insufficient evidence to establish that the child was exposed to a current risk of serious loss or injury, reasonably likely to occur. Reversed and remanded.