Department of Human Services v. J. G.
239 Or. App. 261
| Or. Ct. App. | 2010Background
- J.G. appeals a review-order decision concerning his sibling placements in substitute care; DHS is petitioner-respondent, J.G. is appellant.
- J.G. is the only child in mother's care; his siblings remain in substitute care.
- The appeal challenges a review hearing order that kept siblings in substitute care.
- A subsequent permanency hearing was held and a permanency judgment entered on September 22, 2010.
- The permanency judgment required new findings under ORS 419B.476 and superseded the review-order findings.
- The court dismisses the appeal as moot because the permanency judgment retroactively determines the issue challenged by J.G.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot after a permanency judgment | J.G. challenges the review order; permanency judgment may not resolve mootness | Permanency judgment changes the legal effect and findings; mootness applies | Appeal dismissed as moot |
Key Cases Cited
- Reid v. DCBS, 235 Or. App. 397 (2010) (mootness in dependency proceedings when permanency rights are unaffected)
- State ex rel. Juv. Dept. v. L. V., 219 Or. App. 207 (2008) (subsequent review hearings can preserve rights despite continued status quo)
- State v. M.A.H., 233 Or. App. 467 (2010) (permanency changes may render review moot when relief is impractical)