Department of Human Services v. A. H.
275 Or. App. 788
Or. Ct. App.2015Background
- Parents appealed a juvenile court judgment that assumed jurisdiction over their child A under ORS 419B.100(1)(c), alleging parental conduct and failure to protect A after A disclosed sexual abuse by a family member living on the same property.
- At the jurisdictional hearing A was placed and living with paternal grandparents; both parents and grandparents agreed the placement was appropriate and would continue.
- Parents argued the court lacked evidence of a current, nonspeculative threat to A while she was with safe grandparents and thus jurisdiction was improper.
- DHS moved to dismiss the appeal as moot after the juvenile court later dismissed jurisdiction and terminated wardship; parents opposed dismissal, citing collateral consequences from the prior judgment.
- Parents identified collateral consequences: a "founded disposition" affecting future DHS investigations/records, harm to mother's employment prospects tied to background checks, and social stigma in their small community.
- DHS conceded on the merits that the record lacked legally sufficient evidence of a current threat to A (given the safe grandparent placement) and agreed jurisdiction should be reversed.
Issues
| Issue | Parents' Argument | DHS' Argument | Held |
|---|---|---|---|
| Whether the appeal is moot after dismissal of jurisdiction | Collateral consequences (DHS record/founded disposition, employment harm, social stigma) keep dispute live | Case moot because jurisdictional judgment was dismissed and no practical effect remains | Not moot; collateral consequences are significant and preserve a live controversy |
| Whether juvenile court had jurisdiction over A while A lived with grandparents | No current, nonspeculative threat to A from grandparents; no basis for jurisdiction | Conceded DHS: no evidence grandparents were unsafe and placement would continue absent court involvement | Reversed; record lacked sufficient evidence of current threat to support jurisdiction |
Key Cases Cited
- Dept. of Human Services v. A. L., 268 Or App 391 (2015) (discusses lack of jurisdiction where children are entrusted to safe relatives)
- Brownstone Homes Condo. Assn. v. Brownstone Forest Hts., 358 Or 26 (2015) (mootness: appeal dismissed when changed circumstances remove practical effect)
- Dept. of Human Services v. G. D. W., 353 Or 25 (2012) (social stigma and collateral effects can prevent mootness)
- Barnes v. Thompson, 159 Or App 383 (1999) (collateral consequences may keep an appeal from being moot)
- State v. Hauskins, 251 Or App 34 (2012) (defines collateral consequence for mootness analysis)
- State ex rel Juv. Dept. v. L. B., 233 Or App 360 (2010) (jurisdictional findings and DHS records can have adverse collateral effects on parents)