Dept. of Human Services v. J. R.

• Court: Oregon Court of Appeals
• Area(s) of Law: Juvenile Law
• Date Filed: 11-04-2015
• Case #: A158941
• Judge(s)/Court Below: Ortega, P.J. for the Court; Lagesen, J.; & Garrett, J.

A parent's alcohol abuse may be a sufficient basis for the juvenile court to assert jurisdiction, where the totality of the circumstances pose a "serious threat of loss or injury."

Father appealed a juvenile court determination that his alcohol abuse presented a risk of harm to his two small children. The juvenile court found that Father was an alcoholic who minimized his substance abuse. Father had four DUI convictions, had gone through multiple failed attempts at rehab, continued to consume alcohol, and was taking no steps to address his substance abuse problem. The Court determined that, given the age of the children and the fact that there was no other parent at home, the children were particularly vulnerable to neglect. Given the totality of the circumstances, the Court found that the juvenile court’s assertion of jurisdiction was adequately supported by the evidence. Affirmed.

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