Department of Human Services v. D. H.
269 Or. App. 863
Or. Ct. App.2015Background
- Juvenile court assumed dependency jurisdiction over 5-year-old J as to his mother based on three findings: (1) mother knew husband is a convicted, untreated sex offender and did not believe he posed a risk to J; (2) mother was unwilling to prevent unauthorized contact between husband and J; and (3) mother has mental health issues including a prior suicide attempt that allegedly interfered with parenting.
- Mother does not dispute that husband had contact with J, that husband is an untreated sex offender subject to a no-contact-with-minors supervision condition, or that she has mental-health issues and attempted suicide months earlier after J’s removal.
- At the time of removal and the jurisdictional hearing, there was no evidence that husband had ever harmed J or any children, and J was described as healthy and showing no signs of abuse.
- The DHS caseworker testified uncertainty about what threat, if any, husband posed to children; husband’s probation officer allowed some contact with nieces/nephews under a safety plan. The record did not show the no-contact condition resulted from an individualized finding that husband posed a risk to minors.
- Mother’s suicide attempt occurred after J was removed and did not place J at risk; no evidence showed ongoing instability at the time of the jurisdictional hearing.
Issues
| Issue | Mother’s Argument | DHS’s (or juvenile court’s) Argument | Held |
|---|---|---|---|
| Whether evidence that mother allowed contact between J and an untreated sex-offender husband supports jurisdiction under ORS 419B.100(1)(c) | Permitting contact, without evidence husband poses risk to children, is insufficient to show a current likelihood of harm | Mother’s awareness and unwillingness to limit contact created a threat to J’s welfare | Reversed — evidence insufficient; no non-speculative basis to infer husband posed risk to J |
| Whether a no-contact-with-minors supervision condition for husband permits inference he posed a risk to J | Condition shows husband is dangerous to minors and mother’s failure to protect endangered J | Condition alone (and safety plan) is insufficient absent evidence the condition was based on an individualized finding or that husband’s offenses involved children | Reversed — statutory supervisory condition and safety plan insufficient to establish current risk |
| Whether mother’s mental-health history (including a prior suicide attempt) supported jurisdiction | Mother’s instability and suicide attempt indicate parenting impairment posing a current risk to J | Mental-health issues and past suicide attempt justified finding mother’s condition endangered J | Reversed — no evidence mental-health issues harmed or posed current risk to J at hearing; suicide attempt occurred after J’s removal |
| Whether, under totality of circumstances, there was a reasonable likelihood of harm to J justifying jurisdiction | Mother: totality does not show current threat of serious loss or injury | Juvenile court: combined factors created threat | Reversed — totality did not support reasonable likelihood of harm at time of hearing |
Key Cases Cited
- Dept. of Human Services v. N. P., 257 Or. App. 633 (discussing standard of appellate review of juvenile jurisdictional findings)
- Dept. of Human Services v. G. J. R., 254 Or. App. 436 (defining "endanger" as a current threat of serious loss or injury and focusing on whether child fits within class of offender’s victims)