Dept. of Human Services v. J.L.M.

• Court: Oregon Court of Appeals
• Area(s) of Law: Juvenile Law
• Date Filed: 07-22-2015
• Case #: A158285
• Judge(s)/Court Below: PER CURIAM; Duncan, P.J.; Lagesen, J.; & Flynn, J.

Generalized assumptions about a mother's narcolepsy and father's alleged methamphetamine abuse are insufficient evidence for a juvenile court to assert jurisdiction over a child.

Parents appeal a judgment by the juvenile court asserting jurisdiction over Child. The juvenile court based its decision on evidence tending to show that father abused methamphetamines and that mother suffered from narcolepsy. Based on these conditions, the juvenile court reasoned that Parents created conditions and circumstances that put Child at risk. On appeal, Parents argue that the juvenile court improperly based its judgment on speculation and generalized assumptions about the alleged conditions. The Court agreed, finding that there was insufficient evidence to show a present, unspeculative harm to Child at the time of the hearing. Reversed.

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