Department of Human Services v. A. L.
268 Or. App. 391
Or. Ct. App.2015Background
- This consolidated appeal challenges the juvenile court's jurisdiction over three children: A (10), E (1), and H (3 months).
- Parents challenge the court's failure to dismiss the petitions and argue DHS failed to prove each allegation, given no current threat of harm.
- Before removal, A and E lived with mother, father, and paternal grandparents in a household where the grandparents were primary caregivers.
- E tested positive for methamphetamine at birth; paternal grandparents became primary caregivers; DHS initially closed the case for lack of current concerns.
- H was born in December 2013; meconium tested positive for methamphetamine; DHS sought placement with the maternal grandfather and filed petitions that day.
- The juvenile court placed H with the maternal grandfather and, after interim orders, removed A and E to the maternal grandmother; the court later found jurisdiction and all allegations proven, citing concerns about the grandparents' activities and safety plan violations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Current threat of harm under ORS 419B.100(l)(c) | DHS: totality shows a reasonable likelihood of harm. | Parents: no nexus; care entrusted to relatives; no current threat. | Insufficient evidence of current, nonspeculative risk; reverse. |
| Nexus between parental deficits and risk to children | DHS identified deficits and unsafe placement as risk factors. | Records show protective arrangements; no demonstrated link to harm. | No sufficient nexus established; risk not proven. |
Key Cases Cited
- Dept. of Human Services v. N. P., 257 Or App 633 (2013) (recognizes standard for reviewing sufficiency of evidence in dependency cases)
- Dept. of Human Services v. C. J. T, 258 Or App 57 (2013) (requires current, nonspeculative threat and nexus to alleged risk)
- Dept. of Human Services v. M. Q., 253 Or App 776 (2012) (threat must be current, not past; reasonable likelihood required)
- Dept. of Human Services v. A. F., 243 Or App 379 (2011) (one safety-plan breach alone not enough for current risk)
- State ex rel Dept. of Human Services v. N. S., 229 Or App 151 (2009) (nexus between offender's prior conduct and risk to child required)
- Dept. of Human Services v. C. Z., 236 Or App 436 (2010) (totality of circumstances governs reasonable likelihood of harm)
- State ex rel Dept. of Human Services v. Smith, 338 Or 58 (2005) (protective capacity of parents does not by itself create jurisdiction when no threat)