In this juvenile dependency case, mother challenges the court’s determination that Oregon has jurisdiction to make mother’s child, N, a ward of the court. Mother argues that the court erred when it resolved her challenge to Oregon jurisdiction by applying the standard for determining proper venue within Oregon, ORS 419B.118, rather than applying the test for jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), ORS 109.701 to 109.834. The Department of Human Services (DHS) concedes that the juvenile court mistakenly relied on the venue statute to determine mother’s challenge to jurisdiction, but urges us to nevertheless presume that the court implicitly resolved the factual disputes in a way that gives Oregon jurisdiction under the UCCJEA. We conclude that the juvenile court erred in failing to apply the UCCJEA, and that we cannot presume that the court made findings that would have been unnecessary to the legal test that the court applied. Accordingly, we vacate and remand the judgment for the court to apply the proper legal standard to determine whether Oregon has jurisdiction.
The UCCJEA sets forth the rules for determining jurisdiction in custody cases involving multiple jurisdictions. Dept. of Human Services v. S. C. S.,
Prior to the jurisdictional hearing, mother moved to dismiss DHS’s petition, arguing that Oregon lacked jurisdiction under the UCCJEA because she and N had resided in the State of Washington for the entirety of N’s life. In response, DHS contended that mother and N had “effectively been living” in Gaston, Oregon, since the fall of 2014, and that mother maintained an address in Washington as a “ruse” to prevent child welfare authorities and father’s parole officer from discovering that the family was living together in Oregon. Rather than conduct an evidentiary hearing or make findings pertinent to the “home state” determination under the UCCJEA, the trial court denied mother’s motion to dismiss “based on the fact that venue has a different residency requirement” and based on the court’s conclusion that the evidence satisfied that venue residency requirement, specifically evidence “that the child was spending [a] substantial period of time here, including toys and clothes, and mom kept listing her address in Washington County places for the *** court system.” See ORS 419B. 118(1) (providing that, in the absence of a preexisting wardship, “a juvenile
As DHS concedes, however, determining whether N “resides” in Washington County for purposes of venue for the wardship determination does not resolve whether Oregon has authority under the UCCJEA to make that determination. The UCCJEA determines whether any Oregon court has subject matter jurisdiction to determine custody for a particular child. Campbell v. Tardio,
Although DHS recognizes that jurisdiction under the UCCJEA depends on whether Oregon is N’s “home state” and recognizes that there is conflicting evidence on that question, DHS, nevertheless, urges us to affirm the judgment establishing jurisdiction and the disposition. According to DHS, we must “presume” that the juvenile court implicitly resolved the “home state” dispute in a manner consistent with its conclusion that Oregon has jurisdiction. DHS relies on the principle that, in the absence of findings, appellate courts will (in some circumstances) “presume that the court resolved factual disputes consistently with its conclusion.” See Dept. of Human Services v. N. B.,
That presumption does not apply here, however, because it “is necessarily dependent on the trial court’s application of the correct legal analysis.” State v. Ellis, 252 Or App 382, 390,
Vacated and remanded.
Notes
ORS 109.741(1) provides, in full:
“Except as otherwise provided in ORS 109.751 [temporary custody], a court of this state has jurisdiction to make an initial child custody determination only if:
“(a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
*809 “(b) A court of another state does not have jurisdiction under subsection (l)(a) of this section, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under ORS 109.761 or 109.764, and:
“(A) The child and the child’s parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
“(B) Substantial evidence is available in this state concerning the child’s care, protection, training and personal relationships;
“(c) All courts having jurisdiction under subsection (l)(a) or (b) of this section have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under ORS 109.761 or 109.764; or
“(d) No court of any other state would have jurisdiction under the criteria specified in subsection (l)(a), (b) or (c) of this section.”