Dept. of Human Services v. R.S.

• Court: Oregon Court of Appeals
• Area(s) of Law: Juvenile Law
• Date Filed: 03-26-2014
• Case #: A155124
• Judge(s)/Court Below: Lagesen, J. for the Court; Duncan J.; & Wolheim, J.

An agency's initial jurisdiction in juvenile court is not subject to collateral attack in a later proceeding; the only proper jurisdictional challenge is to the court's continuing jurisdiction.

Mother appealed a juvenile court decision establishing guardianship, claiming that the court erred in denying her motion to terminate the wardship. The Court found that she had not so moved, but had attempted to use the guardianship hearing to collaterally attack the court's initial jurisdiction rather than challenging the court's continuing jurisdiction. In multiple memoranda, she stated that the DHS had not established that she presented a danger to the child, but did not address the juvenile court's jurisdiction. The Court held that the initial determination of jurisdiction is not subject to collateral attack in this manner. Furthermore, because mother had not made the motion claimed in her assignment of error, the Court rejected it, and affirmed the judgment of the juvenile court. Affirmed.

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