Department of Human Services v. G.E., 246 Or. App. 136

Appellant mother G.E. challenges a decision denying motion to dismiss juvenile court jurisdiction over her child N.
DHS petition alleged mother has a history of substance abuse that could affect safe parenting and that she would engage in treatment.
Juvenile court in June 2010 found mother had not completed substance abuse treatment and lacked a foundation to address issues,
Appellate court reversed and remanded for clarification of extrinsic-facts basis and potential amendment of the jurisdictional judgment.
On reconsideration, the court held there is no current substance abuse problem or present risk to N, and thus no basis to continue jurisdiction; remanded to dismiss jurisdiction over N.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether continuing jurisdiction was proper based on past substance abuse.	DHS argues past substance abuse supported ongoing jurisdiction.	G.E. contends no current substance abuse or threat to N justifies continuation.	No; lack of current risk requires dismissal.
Whether the record supports continuing jurisdiction despite no current abuse.	Past findings and treatment non-compliance show ongoing risk.	No evidence current abuse poses risk to N.	Insufficient current danger; jurisdiction should be dismissed.
Standard of review and reliance on historical factual findings.	Court may rely on historical findings if supported.	Findings must be supported by current evidence of risk.	Court relied on supported historical findings but reversed to dismiss due to lack of current risk.

State v. S.T.S., 236 Or. App. 646 (2010) (standard of review for historical-fact findings under ORS 19.415(3)(b))
Dept. of Human Services v. C.Z., 236 Or. App. 436 (2010) (review of jurisdictional judgments; reliance on historical facts)
State ex rel. Dept. of Human Services v. D.T.C., 231 Or. App. 544 (2009) (need evidence of current risk from parental substance abuse)