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Dept. of Human Services v. J.H.

248 Or App 118

February 8, 2012

Umatilla County


The trial court took jurisdiction over Mother based on her admissions. The court took jurisdiction over Father based on the allegation that he "has not presented himself as a parenting resource and needs the assistance of [DHS] to establish a meaningful relationship with the child."

Father appealed arguing that DHS failed to prove, by a preponderance, that this allegation created a current threat of harm to the child. DHS concedes that they failed to prove this allegation. The court found that the "evidence is legally insufficient to support the court's exercise of jurisdiction as to father and accept DHS's concession." Reversed the jurisdictional judgment.

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