Dept. of Human Services v. Z. E. W.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 10-05-2016
  • Case #: A160745
  • Judge(s)/Court Below: Duncan, P.J. for the Court; DeVore, J.; & Garrett, J.

Another state declining to approve an Interstate Compact for the Placement of Children is not a ground for asserting jurisdiction.

Jurisdiction was taken over the children because of Mother's mental health and substance abuse rights because Mother has physical custody of the children in Oregon. Father lived in California and later relocated to Arizona. Arizona denied certifying Father as a placement under the Interstate Compact for the Placement of Children (ICPC). Father moved to dismiss jurisdiction based on there being no "particularized and nonspeculative risk of serious loss or injury" to the children. A new jurisdictional petition was filed on the grounds that Father received a negative ICPC report. The Court held that the juvenile court erred in taking jurisdiction on the basis of the negative ICPC report. Reversed and remanded with instructions to terminate wardships.

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