Dept. of Human Services v. J. J. J.

Under State ex rel Dept. of Human Services v. G. R., 224 Or App 133 (2008), “the ‘excusable neglect’ standard in ORS 419B.923 must be construed liberally in favor of a parent’s fundamental interest in not having their parental rights ‘irrevocably terminated’ in their absence[,]” and asks whether there are “reasonable grounds to excuse the default.”

J. J. J. appealed a judgment terminating her parental rights after failing to appear for the second day of a remotely held termination trial. J. J. J. assigned error to the juvenile court’s denial of her motion to set aside the judgment for excusable neglect. The Court did not discuss the parties’ arguments. Under State ex rel Dept. of Human Services v. G. R., 224 Or App 133 (2008), “the ‘excusable neglect’ standard in ORS 419B.923 must be construed liberally in favor of a parent’s fundamental interest in not having their parental rights ‘irrevocably terminated’ in their absence[,]” and asks whether there are “reasonable grounds to excuse the default.” The Court found that because J. J. J. engaged in “reasonable, but unsuccessful, efforts to connect to the hearing in progress.” Thus, “the facts demonstrate that her failure to appear was the product of excusable neglect.” Reversed and remanded.