Department of Human Services v. D. S. F.
246 Or. App. 302
| Or. Ct. App. | 2011Background
- DHS petitioned to take jurisdiction over M and S under ORS 419B.100(1)(c) due to endangering circumstances.
- Parents are married; mother has long history of substance abuse; father is a clinical social worker with DHS involvement, protective of children.
- 2007 DHS petition led to jurisdiction; 2009 dismissal with plan for mother to live with father and children.
- July 2010: at Oregon Country Fair, mother became severely intoxicated; father slept at campsite; children remained in care under supervision; DHS report described father as protective and able to keep children safe when mother relapses.
- December 2010–January 2011: mother hospitalized for a drug-related abscess; father arranged care, hospital interactions prompted DHS involvement and petition filing.
- Juvenile court held hearings in February 2011; mother stipulated to the allegation; father contested, arguing lack of current harm and insufficient basis for jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether father's conduct endangers the children under ORS 419B.100(1)(c). | Father's handling of mother's relapses could expose children to risk. | There is no evidence of actual or imminent harm from father's conduct; exposure to mother alone is insufficient. | Jurisdiction based on father's conduct was not supported; reversed. |
| Is exposure to a parent's substance abuse alone a basis for jurisdiction under ORS 419B.100(1)(c)? | Exposure to mother's abuse places children at risk. | Exposure without current harm or risk does not satisfy the statute. | Exposure without a current threat does not justify jurisdiction under 419B.100(1)(c). |
| Did the juvenile court misinterpret emotional/physical risk from mother's condition as foreseeably harmful to children? | Increasing awareness of mother's illness by the oldest child signals potential harm. | Awareness alone does not equate to a risk of harm; need current threat. | Insufficient evidence of current emotional or physical harm to justify jurisdiction. |
Key Cases Cited
- State ex rel. Dept. of Human Services v. Shugars, 202 Or.App. 302 (2005) (case involving endangerment analysis for parental conduct)
- State ex rel. Juv. Dept. v. Vanbuskirk, 202 Or.App. 401 (2005) (requires evidence of a current threat of harm)
- State v. S.T.S., 236 Or.App. 646 (2010) (physical violence in home may support jurisdiction when it creates risk)
- D.T.C. (Dept. ex rel. v. D. T. C.), 231 Or.App. 544 (2009) (exposure to past parental intoxication alone not enough; need risk of future harm)
- Dept. of Human Services v. A.F., 243 Or.App. 379 (2011) (defines 'reasonable likelihood of harm' standard)
- Dept. of Human Services v. C. Z., 236 Or.App. 436 (2010) (deference to juvenile court findings; standard of review)
- State ex rel. Juv. Dept. v. Vanbuskirk, 202 Or.App. 401 (2005) (reiterates threat-based endangerment framework)
- State ex rel. Dept. of Human Services v. D. T. C., 231 Or.App. 554 (2009) (illustrates limits of harm from parental intoxication)