355 P.3d 206
Or. Ct. App.2015Background
- Juvenile court originally found H within its jurisdiction and established wardship in July 2014; H remained living with her parents.
- In November 2014, parents moved to dismiss jurisdiction and terminate the wardship.
- At a December 2014 permanency hearing the juvenile court denied parents’ motion to dismiss and continued jurisdiction and wardship over H.
- DHS relied largely on facts from the initial jurisdiction hearing, which were not entered into the record at the permanency hearing.
- Parents appealed, arguing the record lacked evidence that H’s then-current conditions posed a present, reasonably likely threat of serious loss or injury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether juvenile court properly continued jurisdiction and wardship under ORS 419B.100(1)(c) | Parents: DHS failed to prove a current threat of serious loss or injury at the time of the permanency hearing | DHS: Jurisdictional bases from the initial hearing continued to support wardship | Reversed — DHS did not present evidence at the permanency hearing that the original factual bases persisted as a current, reasonably likely threat; wardship must be terminated |
| Burden of proof at a review/permanency hearing to maintain jurisdiction | Parents: DHS bears burden to prove continued jurisdiction | DHS: Relied on prior hearing findings to meet burden | Held that DHS bears the burden and failed to meet it when prior facts were not in the record |
| Whether wardship can continue when original jurisdictional facts have ceased | Parents: Wardship must end if jurisdictional facts no longer exist | DHS: Continued wardship permissible if threat persists | Court held wardship cannot continue absent persistent jurisdictional facts posing a current likely threat |
| Proper remedy when permanency hearing record is insufficient | Parents: Reverse and terminate wardship | DHS: Affirm continuation | Court reversed and remanded with instructions to terminate H’s wardship |
Key Cases Cited
- Dept. of Human Services v. L. C., 267 Or App 731 (2014) (requires a current threat of serious loss or injury reasonably likely to be realized for jurisdiction under ORS 419B.100(1)(c))
- Dept. of Human Services v. J. M., 260 Or App 261 (2013) (DHS must prove jurisdictional facts persist to pose a current reasonably likely threat at review hearings)
- State ex rel. Juv. Dept. v. Gates, 96 Or App 365 (1989) (wardship cannot continue if the jurisdictional facts on which it was based have ceased to exist)