Dept. of Human Services v. S. L. B.

Summary

The Oregon Court of Appeals affirmed juvenile dependency judgments concerning three children and an order relieving the Oregon Department of Human Services of reasonable reunification efforts. The court assumed that the juvenile court erred by compelling the father to answer questions about another child's death without use and derivative-use immunity under the Fifth Amendment, but held that any evidentiary error was harmless because the juvenile court relied on other evidence. The court also declined to address an Oregon constitutional claim because it was not preserved.

Holdings

1. Father did not preserve an Article I, section 12, claim because he invoked only his Fifth Amendment right to remain silent in the juvenile court.
2. A court may not compel testimony from a witness who has properly invoked the Fifth Amendment privilege when the answers may incriminate the witness in a future criminal prosecution unless the court grants use and derivative-use immunity.
3. Any error in compelling father to answer the four questions about M was harmless in the dependency proceeding, and the dependency judgments were affirmed.

Questions Presented

1. Whether the juvenile court violated the Fifth Amendment by compelling father to answer questions that could incriminate him in a future criminal prosecution without granting use and derivative-use immunity.
2. If the juvenile court erred, whether the error was harmless in the dependency proceeding.
3. Whether father preserved a claim under Article I, section 12, of the Oregon Constitution.

Disposition

affirmed