New Cases – TPR, Timeliness, Jurisdiction

Dept. of Human Services v. T.M.M. – A long history of DHS involvement, continued opioid abuse that caused serious harm to the children, a best case scenario of being able to parent in seven months and children who have significant behavioral problems warrants termination of parental rights. Dept. of Human Services v. W.S.C. – The court cannot […]

New Cases – Sex Offenders and TPR

Dept. of Human Services v. B.B. – A father who may have had a really bad history of child abuse and sex offenses against children and has not completed sex offender treatment is not a current threat of harm to his children if he hasn’t offended against them or any other children in 16 years. […]

2012 Case Summaries

Dept. of Human Services v. A.J.M. – Another judge failed to make the 419B.476 findings. Dept of Human Services v. J.B.M. – There is a process to establish paternity, and unless followed, a man is not a legal father and therefore cannot be defaulted on a TPR petition and DHS cannot look to his family […]

Three new cases

State v. M.W.H. – When a youth consents to the search of his person, this is dispositive and the youth cannot contest the reasonableness of the search. Dept. of Human Services v. N.S. II – The reasonableness of DHS’s efforts depends on the case and in this matter, their efforts were reasonable. A parent’s progress […]

New Case – G.E. extended to Change of Plans

The Court of Appeals determined that G.E. – a case that says once a parent ameliorates the jurisdictional issues the case must be dismissed – extends to changes of plan.  Basically, in order to a court to change a plan from return to parent, they must base their decision on a parent’s progress towards ameliorating […]

New Cases – Jurisdiction Jurisdiction Judgments

Dept. of Human Services v. L.B. – Another reverse and remand because the trial court failed to make the appropriate findings required by 419B.476 to change the plan. This case adds a little nuance, though, as Mother had an opportunity to review the judgment before it was entered. The court found that the form that the trial […]

New Case – Dept. of Human Services v. G.D.W.

The Court of Appeals confirmed that statements of child-parties are not hearsay and are admissible as statements of party opponents. The court also affirmed that the sexual abuse of a child-party is an aggravated circumstance that relieves DHS from the duty of providing reasonable efforts. Dept. of Human Services v. G.D.W.

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    Juvenile Law Seminar
    April 20 & 21, 2012
    Newport, Oregon
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    Juvenile Law Training Academy
    October 15 & 16, 2012
    Valley River Inn, Eugene, Oregon
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