Department of Human Services v. L. C., 267 Or. App. 731

In a consolidated juvenile dependency case, the juvenile court asserted jurisdiction over three children due to father’s domestic violence and family homelessness.
Children W, E, and S were ages three, two, and nine months at the time jurisdiction began; they soon lived in a domestic violence shelter.
Mother engaged in a domestic violence support group; later the family moved into their own home.
Approximately one month after moving, mother moved to dismiss the court’s jurisdiction; the court denied the motion citing ongoing need for supervision because of plans to reunify the family.
The court ultimately reversed and remanded, finding insufficient evidence at the review hearing that the prior jurisdictional bases persisted to pose a current, reasonably likely threat of serious loss or injury.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether continued jurisdiction under ORS 419B.100(l)(c) was warranted at the review hearing.	DHS: bases persisted due to potential father violence and need to monitor reunification.	Mother: no current, non-speculative threat; she could safely parent without ongoing state supervision.	No; record failed to show a current, likely threat.
Whether DHS must prove continued threat based on a reasonable likelihood of recurrence by father and failure by mother to protect.	DHS contends ongoing risk from father's treatment progress and potential contact during reunification.	Mother argues past protection suffices to end jurisdiction absent current risk.	No; evidence did not demonstrate a reasonably likely continued risk at the time.
What standard governs review when a parent moves to dismiss jurisdiction after initial removal.	DHS bears burden to show persistent factual bases for jurisdiction.	Mother asserts absence of current threat and that continued supervision is unnecessary.	DHS must show current, non-speculative, reasonably likely threat; failed here.

Department of Human Services v. C. Z., 236 Or App 436 (2010) (endangerment must be current and non-speculative)
Department of Human Services v. M. Q., 253 Or App 776 (2012) (threat must be current; relapse risk must be tied to specific evidence)
Department of Human Services v. J. M., 260 Or App 261 (2013) (continued jurisdiction requires reasonably likely likelihood of harmful conduct)
A. R. S. v. Department of Human Services, 258 Or App 624 (2013) (relies on current, non-speculative threat for continued jurisdiction)
State ex rel Juv. Dept. v. Gates, 96 Or App 365 (1989) (jurisdiction cannot continue if the basis ceases to exist)