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Dept. of Human Services v. R.L.F.

Summarized by: 

Date Filed: 12-18-2013
Case #: A154230
Egan, J. for the Court; Armstrong, P.J., and Nakamoto, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A154230.pdf

Juvenile Law: For DHS to take jurisdiction of a child under 419B.100(1)(c), it must establish a current risk of serious loss or injury to the child.

Father appealed from a judgment taking jurisdiction over his child, A, pursuant to ORS 419B.100(1)(c). At the proceeding, the Department of Human Services (DHS) presented evidence that father used marijuana and alcohol and was unable to protect A because Father was subjected to domestic violence by Mother and lacked sole legal custody of A. Father argued on appeal that this evidence was insufficient to prove that those conditions and circumstances exposed A to a current risk of serious loss or injury that was likely to be realized. The Court of Appeals reviewed in the light most favorable to the trial court's determination and assessed whether, when so viewed, the record was legally sufficient to permit the outcome, and found that, because DHS failed to establish a current risk of serious loss or injury to A, the requirements of ORS 419B.100(1)(c) had not been met. Reversed.