Department of Human Services v. G. D. W.
292 P.3d 548
| Or. | 2012Background
- Dependency proceeding where father was found to have sexually abused V; V's out-of-court statements admitted as nonhearsay under OEC 801(4)(b)(A) based on Cowens; mother recanted and coercion occurred; juvenile court found jurisdiction and aggravated circumstances; custodial changes occurred and DHS sought termination of rights; state appealed after Court of Appeals affirmed admission; petition for review granted; court now reverses and remands.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of V's statements under OEC 801(4)(b)(A) | State relies on Cowens to admit as party-opponent statements. | Father argues Cowens misreads the rule and violates due process. | Admissibility under 801(4)(b)(A) rejected; error admitted. |
| Interpretation of 'offered against a party' in juvenile dependency | State contends dependency context allows admission as against child. | Child not shown to have adverse position; cannot admit against child. | Interpretation rejected; not workable in this context. |
| Harmless error analysis | Even without the statements, likely findings would stand. | Error could have influenced the court's sexual-abuse finding. | Error not harmless; requires reversal. |
| Mootness of petition | Termination of DHS custody does not moot review. | Relief unavailable if moot. | Petition not moot; merits reach. |
Key Cases Cited
- State ex rel Juv. Dept. v. Cowens, 143 Or App 68 (1996) (admission of child’s out-of-court statements as party opponent in dependency case)
- State ex rel OHSU v. Haas, 325 Or 492 (1997) (legislative history part of legislative history for OEC 801)
- State ex rel Dept. of Human Services v. Meyers, 207 Or App 271 (2006) (discussion of dependency proceedings and admissibility)
- Hamel v. Johnson, 330 Or 180 (2000) (case law on mootness and review)
- State v. Gaines, 346 Or 160 (2009) (methodology for interpreting statutes/rules (text and history))