- Court: Oregon Court of Appeals
- Area(s) of Law: Family Law
- Date Filed: 02-03-2016
- Case #: A159982
- Judge(s)/Court Below: Duncan, P.J. for the Court; DeVore, J.; & Flynn, J.
Mother appealed the juvenile court’s judgment asserting jurisdiction over her three year old child, A. DHS conceded that the juvenile court erred in asserting jurisdiction. In 2014, Mother, Father, and A moved in with Grandfather, who helped raise A. While living with Grandfather, Mother and Father would fight in the basement, where A was not allowed to go. Grandfather kicked Father out of the house and filed for a protective order. During the protective order hearing, the court suggested that DHS get involved with the family. DHS visited the family and Mother tested positive for marijuana and meth use; A was then removed from Grandfather’s home. The Court held to justify jurisdiction, DHS needed to present evidence that the child’s condition or circumstances expose the child to a current threat of serious loss or injury that is likely to be realized. Despite Mother’s drug abuse, DHS did not present evidence that Mother used drugs while caring for A or that her drug use had any effect on her parenting. Despite the verbal abuse Mother sustained from father, DHS presented no evidence that A was ever exposed to that conduct. Therefore, DHS failed to present evidence to support jurisdiction. Reversed.