Dept. of Human Services v. S. C. T.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 09-21-2016
  • Case #: A161331
  • Judge(s)/Court Below: DeVore, J for the Court; Duncan, P.J.; & Flynn, J.

Under ORS 419B.815(7), parents cannot appear through their attorneys when summoned to be present under ORS 419B.815(4) and the court may take jurisdiction despite their lack of presence.

Mother and Father appealed a jurisdiction judgment based on the trial court's overruling their attorney's objection to the state's evidence on the grounds that the parents were not present and were not able to appear through their attorneys. DHS argued that mother and father did not preserve their right to appeal because they did not appear at the hearing. The Court held that the parents right to appeal was preserved because they asked for a rehearing and by that request responded to the hearing. The Court also held that parents cannot appear through their attorney if properly summoned as described in ORS 419B.815. Affirmed.

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