Dept. of Human Services v. B. P.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 03-16-2016
  • Case #: A158684
  • Judge(s)/Court Below: Ortega, P.J. for the Court; Lagesen, J.; & Wilson, S.J.

Judgment of juvenile court was reviewable by the Court of Appeals as it was a concluding decision on jurisdiction.

Father appealed a juvenile court taking jurisdiction over his daughter. At issue was whether the Court of Appeals could review the circuit court’s decision, which turned on whether the decision below, by juvenile referee, was a concluding disposition on jurisdiction. DHS asserted that the juvenile referee’s judgment was not a concluding disposition on jurisdiction because its purpose was to affirm an earlier referee’s disposition. The Court held that the juvenile referee’s decision represented a concluding decision on jurisdiction and was therefore reviewable by the Court, because it is considered in conjunction with and as incorporating the referenced earlier decision. DHS conceded that the evidence below was legally insufficient to demonstrate Daughter’s conditions or circumstances “demonstrated a reasonable likelihood of harm to [her] welfare.” Reversed.

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