Dept. of Human Services v. J. R. D. 286 Or App 55 (2017)

Under ORS 419B.150(3, “A rehearing before a judge of the juvenile court may be determined on the same evidence introduced before the referee … but, in any case, additional evidence may be presented.”

Mother appealed the trial court’s jurisdictional judgment that affirmed the juvenile court referee’s determination allowing the Department of Human Services (DHS) to proceed with its prima facie case, as well as entering an order taking jurisdiction of mother’s child, D. Mother assigned error to the trial court’s denial of her opportunity to present evidence on the merits of the case at the rehearing. Mother argued she is entitled to present evidence based on ORS 419B.150(3). DHS responded that the court may use its discretion to allow additional evidence. Under ORS 419B.150(3), “A rehearing before a judge of the juvenile court may be determined on the same evidence introduced before the referee . . . but, in any case, additional evidence may be presented.” The Court of Appeals held that the phrase “additional evidence may be presented” is unambiguous. The phrase permits, but does not require, additional evidence to be presented at a rehearing of a referee’s determination. Reversed and remanded.