2011 Statute Updates

Below are links to the new language of the juvenile statutes that were amended in 2011. There are a few new statutes that related to expanded child abuse reporting requirements of colleges and universities. Also, there is a new basis for termination of parental rights – the rights of a father can be terminated if […]

Psychological vs. Biological Family

The Oregonian reported today on a man who is the psychological father of three of his ex-girlfriend’s children. The mother relinquished her rights and, though he put himself forward as an adoptive resource, a cousin of the mother’s stepped forward and DHS designated the cousin as the adoptive placement. Now, due to recommendations of a […]

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.

Wiki Update

Just finished adding the 2011 Court of Appeals cases. Now it’s time for Oregon Juvenile Law Practitioners to sign up for an account to start adding case summaries. We can make this an awesome resource! juviwiki.com/wiki

JuviWiki Welcome

A few months ago, I was appointed to a slew of cases with the same allegation – my client was a sex offender and therefore a danger to his or her child. I went to FastCase to research the case law for each case and printed off the cases multiple times.  I was frustrated with […]

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