Dept. of Human Services v. A. A.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 01-27-2016
  • Case #: A159808
  • Judge(s)/Court Below: Per Curiam; Sercombe, P.J.; Tookey, J.; & Nakamoto, J. pro tempore.

When changing a permanency plan for a child, a juvenile court may not take judicial notice of facts within reports prepared by DHS and the Court-Appointed Special Advocate while off the record without giving notice to the parent, along with an opportunity for the parent to respond to the judicially-noticed evidence.

Father appealed a permanency judgment which changed the permanency plan for his child from reunification to guardianship. Father argued that the trial court erred by taking judicial notice, off the record, of reports from a Court Appointed Special Advocate (CASA) and statements made by the parties' attorneys at the hearing. DHS and the child conceded that the trial court erred by taking judicial notice without notice to the parties, and did not allow the parties to object. The Court agreed. Reversed.

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