425 P.3d 480
Or. Ct. App.2018Background
- Father moved the child M from Louisiana to Oregon in January 2017; DHS filed a dependency petition in April 2017 alleging mother’s substance abuse and related risks.
- Mother challenged the juvenile court’s subject matter jurisdiction under the UCCJEA, arguing Oregon was not M’s "home state." DHS conceded Oregon was not the home state.
- DHS argued below and on appeal that Oregon’s juvenile courts have jurisdiction under ORS 419B.803 or, alternatively, that temporary emergency jurisdiction under ORS 109.751 applied.
- The juvenile court denied mother’s motion to dismiss without explanation; mother admitted the substance-abuse allegation and appealed the jurisdictional judgment.
- The record contains no indication that the juvenile court expressly invoked UCCJEA temporary emergency jurisdiction, nor did parties develop factual findings on that issue below.
Issues
| Issue | Mother's Argument | DHS's Argument | Held |
|---|---|---|---|
| Whether Oregon had UCCJEA subject-matter jurisdiction to make an initial child-custody/dependency determination | Oregon was not M’s home state; UCCJEA jurisdiction can be raised at any time and the court lacked jurisdiction | Jurisdiction was proper under ORS 419B.803; alternatively, temporary emergency jurisdiction under ORS 109.751 applied | The court reversed: no record evidence that the juvenile court took temporary emergency jurisdiction; absent such a showing, the denial of the dismissal motion was error |
| Whether appellate court should remand for factfinding on temporary emergency jurisdiction | Remand unnecessary because jurisdiction did not exist | DHS requested remand to develop factual record on emergency jurisdiction | Court declined remand because parties did not address temporary emergency jurisdiction below and the record was undeveloped; temporary emergency jurisdiction is extraordinary and not appropriate to decide on this record |
Key Cases Cited
- State v. L. P. L. O., 280 Or. App. 292 (2016) (explains ORS 109.751 temporary emergency jurisdiction requires immediate risk of harm and focuses on risk if child returned to parent)
- Dept. of Human Services v. R. M. S., 280 Or. App. 807 (2016) (vacated and remanded where juvenile court applied wrong legal standard under UCCJEA and failed to resolve factual dispute about home state)
- Outdoor Media Dimensions Inc. v. State of Oregon, 331 Or. 634 (2001) (court should not affirm on alternative grounds when record could have developed differently below)