Summary
The Oregon Court of Appeals held that an appeal from a juvenile court jurisdiction judgment was not moot even though the juvenile court later dismissed jurisdiction, because the findings could affect future DHS investigations and carry social stigma. On the merits, the court affirmed the juvenile court's finding that father's domestic violence against mother created a current risk of harm to the children, supporting jurisdiction.
Holdings
- The appeal is not moot because the juvenile court's finding of jurisdiction has collateral consequences, including effect on father's DHS record and social stigma, which together establish sufficient practical effects on the parties' rights.
- The juvenile court's finding of jurisdiction was appropriate because there was evidence to support the finding that father's domestic violence created a current risk of harm to the children.
Questions Presented
- Whether the appeal is moot after the juvenile court dismissed jurisdiction.
- Whether the juvenile court erred in taking jurisdiction over the children based on father's domestic violence, specifically whether the state proved a current risk of harm to the children.
Disposition
affirmed
Cases Cited (6)
- State ex rel Juv. Dept. v. L. B., 233 Or App 360, 226 P3d 66 (2010)(followed)
- State ex rel Juv. Dept. v. Vanbuskirk, 202 Or App 401, 405, 122 P3d 116 (2005)(followed)
- State ex rel Juv. Dept. v. Smith, 316 Or 646, 652-53, 853 P2d 282 (1993)(followed)
- State ex rel Juv. Dept. v. S. A., 230 Or App 346, 347, 214 P3d 851 (2009)(followed)
- Emmert v. No Problem Harry, Inc., 222 Or App 151, 159, 192 P3d 844 (2008)(followed)
- Ball v. Gladden, 250 Or 485, 487, 443 P2d 621 (1968)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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