Department of Human Services v. B. L. J.
246 Or. App. 767
| Or. Ct. App. | 2011Background
- In January 2011, DHS filed dependency petitions on behalf of N and A alleging the mother’s cognitive limitations impair her ability to care for the children.
- N had recently been surrendered to DHS and was in community foster care; A, born in late December 2010, was living with the mother.
- In March 2011, the juvenile court held a jurisdictional hearing; DHS presented evidence of mild mental retardation and limited parenting ability.
- Mother was living with a family friend, Bingham, and Bingham and her husband testified they were willing to supervise and support mother’s parenting.
- Bingham stated she and her husband would not be a built-in babysitter and that mother must carry the parenting responsibilities with support.
- The court eventually found cognitive delays impairing parenting but did not make findings about Bingham’s supervision; DHS failed to show a current, reasonable likelihood of harm from living with Bingham.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHS proved a current threat of harm to the children. | DHS contends mother’s cognitive limits and lack of independent parenting create risk. | Mother argues no requirement to independently parent; current threat not shown given supportive environment with Bingham. | No, DHS failed to show a current threat of serious harm. |
| Whether independent parenting capability is a prerequisite for jurisdiction. | DHS argued lack of independent parenting supports jurisdiction. | Smith holds no statutory requirement for independent parenting; must show detriment, not independence. | Court agrees; independence not required absent harm risk. |
Key Cases Cited
- State v. S.T.S., 238 P.3d 53 (Or. App. 2010) (jurisdictional focus on total circumstances and current threat of harm)
- Dept. of Human Services v. A.F., 259 P.3d 957 (Or. App. 2011) (requires a current threat of harm to justify jurisdiction)
- C.Z., 236 P.3d 791 (Or. App. 2010) (burden on DHS to prove facts justifying jurisdiction under totality of circumstances)
- Vanbuskirk, 122 P.3d 116 (Or. App. 2005) (reasonable likelihood of harm standard for jurisdictional basis)
- State ex rel. Dept. of Human Services v. Smith, 106 P.3d 627 (Or. 2005) (no statutory requirement for independent parenting; focus on detriment to child)