303 Or. App. 324
Or. Ct. App.2020Background
- Parents temporarily stayed in Oregon with two children after losing housing in Washington; one infant (K) died in the motel room after apparent methamphetamine exposure. DHS removed the remaining children V (age 2) and later M (newborn) and filed dependency petitions.
- The juvenile court entered shelter orders and later entered dependency judgments for V (Aug 2018) and M (Jan 2019), expressly finding it was exercising temporary emergency jurisdiction under the Oregon UCCJEA (ORS 109.751).
- The court found no prior custody determination and that no custody proceeding had been commenced in a state with initial-custody jurisdiction.
- Parents moved to dismiss both dependency cases, arguing that temporary emergency jurisdiction allows only shelter (temporary) orders, not dependency judgments.
- The juvenile court denied the motions; the Oregon Court of Appeals affirmed, holding ORS 109.751(2) permits custody determinations (including dependency judgments) while exercising temporary emergency jurisdiction when no prior out-of-state determination or pending proceeding exists.
Issues
| Issue | Plaintiff's Argument (Parents) | Defendant's Argument (DHS) | Held |
|---|---|---|---|
| Scope of temporary emergency jurisdiction under ORS 109.751 | Temporary emergency jurisdiction permits only shelter (temporary) orders; court lacked authority to enter dependency judgments | ORS 109.751(2) authorizes child custody determinations, including dependency judgments, when no prior out-of-state order or pending proceeding exists | Court: ORS 109.751(2) authorizes dependency adjudication under temporary emergency jurisdiction in these circumstances |
| Durability/finality of orders entered under temporary emergency jurisdiction | Such orders cannot become final absent another state’s affirmative cession of jurisdiction | ORS 109.751(2) allows a custody determination to remain in effect until an initial-jurisdiction state issues an order and may become final if the order so provides and Oregon becomes the child’s home state | Court: Orders remain in effect until an initial-jurisdiction state acts and may become final under ORS 109.751(2) |
| Alternative jurisdictional theories regarding M (initial-custody or law-of-the-case) | Juvenile court lacked jurisdiction over M; parents contest any alternative bases | DHS asserted law-of-the-case and that M might fall under ORS 109.741(1)(b) initial-custody | Court: Did not need to resolve these alternatives because temporary emergency jurisdiction under ORS 109.751 sufficed to affirm |
Key Cases Cited
- State v. L. P. L. O., 280 Or App 292 (Or. Ct. App. 2016) (held juvenile court had subject-matter jurisdiction under ORS 109.751 to adjudicate a dependency petition)
- Schwartz & Battini, 289 Or App 332 (Or. Ct. App. 2017) (UCCJEA applies to dependency proceedings; appellate review standards for jurisdictional findings)
- Dept. of Human Services v. J. G., 260 Or App 500 (Or. Ct. App. 2014) (juvenile court findings of historical fact are binding if supported by evidence)
- In re K. L. B., 56 Kan. App. 2d 429 (Kan. Ct. App. 2018) (under Kansas analogue to ORS 109.751(2), emergency jurisdiction orders continued and could lead to permanent orders where no prior out-of-state order existed)
- In re Aiden L., 16 Cal. App. 5th 508 (Cal. Ct. App. 2017) (California held a court exercising temporary emergency jurisdiction generally may not resolve dependency merits; contrasting approach relied on by parties)