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 […]

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 […]

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

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