Dept. of Human Services v. K. V.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 03-09-2016
  • Case #: A160050
  • Judge(s)/Court Below: Sercombe, P.J. for the Court; Tookey, J.; & DeHoog, J.

Jurisdiction was warranted where the father had a history of alcohol abuse and domestic violence in situations involving the child and refused to admit the threat that mother posed to the child.

Parents appealed a juvenile court judgment assuming jurisdiction over their child, A. The court based its determination on several conditions it concluded endangered S’s welfare: (1) mother abused S, another child in parents’ care, causing S serious injury; (2) father is likely to fail to protect A from mother; (3) father’s alcohol use interferes with his ability to safely parent A; and (4) father subjected mother and A to domestic violence, and he therefore presents a threat of harm to A. The parents appeal jurisdiction as to father’s care of A. Mother was A’s primary caregiver and father worked long hours and often came home intoxicated. Mother caused serious physical injury to S and as a result, mother presents a current risk of harm to A. Evidence was presented at trial that father was not aware of the risk she posed to A and had done nothing to protect A from mother. Father’s alcohol use was not sufficient by itself to establish jurisdiction. The court concluded that there was a nexus between father’s failure to protect A and a risk of harm to A. The court also concluded that there was a nexus between father’s alcohol use and domestic violence and a current risk of harm to A. Affirmed.

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