Dept. of Human Services v. K.C.F.

• Court: Oregon Court of Appeals
• Area(s) of Law: Juvenile Law
• Date Filed:
• Case #: A158834
• Judge(s)/Court Below: Duncan, P.J. for the Court; Flynn, J.; & Haselton, S.J.

In order for a court to take jurisdiction over a child, there must be current circumstances that establish a serious and reasonable threat of harm to the child at the time of trial.

Mother, Father, and Children (collectively Parties) appealed trial court's jurisdiction judgment finding the children within the jurisdiction of the court. Parties argue that there was no current threat of harm to the children at the time of trial. The Court held that there was insufficient evidence of the type, degree, and duration of harm necessary in the record to support the court's finding that the children faced a present risk of serious harm at the time of trial. Reversed.

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