Dept. of Human Services v. M. E.
341 Or. App. 188
Or. Ct. App.2025Background
- The Oregon Department of Human Services (ODHS) sought juvenile dependency jurisdiction over W.O.A. IV (aka B.B.E.), citing the mother's alleged criminal activity and substance abuse.
- The mother appealed the juvenile court’s judgment asserting jurisdiction over her infant son, arguing that there was insufficient evidence connecting her conduct to a current risk of serious harm to the child.
- The vast majority of the mother's criminal activity occurred years before the child’s birth, and the father is deceased.
- At the jurisdictional hearing, no evidence suggested the mother used substances around the child or that child had been exposed to drugs or harmed due to mother's conduct.
- During visits, the mother was attentive and showed no signs of substance abuse; W’s attorney advocated for dismissal due to lack of evidence of current risk.
- The case was decided by the Oregon Court of Appeals in a nonprecedential memorandum opinion that reversed the juvenile court’s jurisdiction.
Issues
| Issue | Mother's Argument | ODHS's Argument | Held |
|---|---|---|---|
| Whether mother’s pattern of criminal activity justified jurisdiction | No evidence her prior crimes involved or harmed children | Criminal activity intertwined with substance abuse, posing risk to W | No current nonspeculative risk established |
| Whether mother’s history and current substance abuse justified jurisdiction | No evidence of child exposure to substances or impairment of care abilities | Ongoing substance abuse was active, not speculative, posed risk to child | Substance use alone without evidence of risk is insufficient |
| Nexus between mother's conduct and threat of harm to child | No evidence of a current, actual risk to child; no demonstrated harm | Pattern of risk-causing conduct created threat | No adequate nexus proven |
| Risk from mother's arrest after child’s birth | Child was not present; no evidence that conduct posed risk to child | Conduct hypothetically could have created risk if child present | Hypothetical risk is insufficient for jurisdiction |
Key Cases Cited
- Dept. of Human Services v. J. H., 292 Or App 733 (requirement of a current threat of serious harm for jurisdiction)
- Dept. of Human Services v. N. P., 257 Or App 633 (sets review standard for sufficiency of evidence in dependency cases)
- Dept. of Human Services v. S. G. T., 316 Or App 442 (substance abuse must pose an actual risk)
- State ex rel Juv. Dept. v. Smith, 316 Or 646 (no specific condition per se establishes jurisdiction)
- Dept. of Human Services v. S. P., 249 Or App 76 (past problems do not justify jurisdiction without current risk)
- Dept. of Human Services v. A. J. G., 304 Or App 221 (upholding adverse credibility findings against parent)