Department of Human Services v. A. D. G.
260 Or. App. 525
| Or. Ct. App. | 2014Background
- DHS initiated two separate TPR proceedings against mother for two children, N and G; mother was served but failed to appear in N, leading to a default for that case; mother appeared for G and sought counsel, with trial set for December 18, 2012; the court consolidated N and G and entered default judgments against mother in both cases after she failed to appear at a status hearing; mother moved to set aside the default judgments under ORS 419B.923(1) arguing broad court authority and due process; the juvenile court denied the motion, and mother appealed, challenging the court’s interpretation of ORS 419B.819(7) and the lack of authority to enter the default judgments; the appellate court reversed and remanded for vacatur and further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ORS 419B.923(1) authorizes setting aside a default TPR judgment | Mother (via Juv. Dept.) argues broad discretion under (1) to set aside | DHS argues limited grounds and that judgment was not void | Yes; ORS 419B.923(1) provides broad discretion to set aside |
| Whether ORS 419B.819(7) allowed the default termination when mother was present at the final hearing | Mother contends the Court erred by terminating in her presence | DHS asserts absence language permits default regardless of presence | No; 419B.819(7) applies only when parent is absent; error to rely on it for a judgment against a present parent |
| Whether the court’s reliance on ORS 419B.923(8) (inherent authority) was proper during appeal | Mother asserted inherent authority to set aside void judgments | DHS argues no authority during pendency of appeal | No; inherent authority under (8) not available while appeal was pending |
Key Cases Cited
- State ex rel Juv. Dept. v. D. J., 215 Or App 146 (2007) (abuse of discretion standard for setting aside judgments; void or voidable judgments)
- State ex rel Juv. Dept. v. Burris, 163 Or App 489 (1999) (notice and due process in default proceedings; setting aside considerations)
- State v. McDonnell, 343 Or 557 (2007) (void vs voidable judgment; jurisdictional considerations)
- J. R. F., 351 Or 570 (2012) (due process in dependency proceedings; fundamental fairness)
- Gaines, 346 Or 160 (2009) (statutory interpretation of ORS 419B.923(1) and broad discretionary authority)
- N. L., 237 Or App 133 (2010) (pendency of appeal precludes exercise of ORS 419B.923(8) authority)