337 P.3d 929
Or. Ct. App.2014Background
- Parents appeal juvenile court jurisdiction over S and H under ORS 419B.100(1)(c).
- Jurisdiction was based on endangerment due to H’s nonaccidental injury caused by father and mother’s inadequate protection.
- H suffered a femur fracture in infancy, followed by later brain injury with subdural hematomas and retinal hemorrhages in father’s care.
- CARES medical team and multiple experts concluded the injuries were indicative of severe inflicted trauma.
- Mother testified she did not believe father injured H and would allow DHS involvement to end, creating potential risk if unsupervised.
- Trial court found jurisdiction warranted and both parents appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether H’s injury was nonaccidental abuse. | Parents: H’s injuries may have alternate causes; lack of conclusive abuse proof. | DHS: Experts overwhelmingly support nonaccidental trauma by father. | Yes; court properly found nonaccidental injury by father. |
| Whether the children’s circumstances endangered them. | Mother is engaged and capable; no ongoing danger if DHS out. | Mother’s denial and continued danger with father endangers S and H. | Yes; circumstances endangered welfare under totality of facts. |
| Whether remand for claim of inadequate counsel under Geist was warranted. | Geist allows evidentiary hearing on counsel adequacy for omitting key witness. | Remand not required; statutory changes limit Geist remedies; evidence insufficient. | No; decline to remand, but could reconsider in juvenile court. |
Key Cases Cited
- Dept. of Human Services v. C. Z., 236 Or App 436 (2010) (endangerment standard based on totality of circumstances)
- Dept. of Human Services v. J. G., 260 Or App 500 (2014) (review of factual findings open on appeal when not exceptional)
- State ex rel Juv. Dept. v. Geist, 310 Or 176 (1990) (remand for evidentiary hearing on counsel adequacy when substantial question)
- Geist (cited as Geist, supra), 310 Or 176 (1990) (threshold showing for evidentiary hearing on counsel)
- Dept. of Human Services v. G. D. W., 353 Or 25 (2012) (mootness and ongoing effects of jurisdictional judgment)
- State ex rel Juv. Dept. v. L. B., 233 Or App 360 (2010) (non-mootness considerations when appellate review persists)