Dept. of Human Services v. S.M.S.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 10-19-2016
  • Case #: A161757
  • Judge(s)/Court Below: Garrett, J for the Court; Duncan, P.J.; & Wollheim, S.J.

There must be significant collateral consequences for the court to reverse a jurisdiction judgment in a case that where jurisdiction was later terminated.

Father appealed a jurisdiction judgment finding his daughter a ward of the court. DHS moved to dismiss the appeal as moot on the grounds that jurisdiction had been terminated. Father argued that there were collateral consequences that could impact his volunteer activities and that there was a stigma associated with the jurisdiction judgment. The Court held that the Father failed to identify regulations or policies that would require disclosure of such a judgment that would affect his volunteer activities and that stigma alone does not create a justiciable case, especially because DHS and juvenile court records are confidential. Motion to dismiss appeal granted; appeal dismissed as moot.

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