Dept. of Human Services v. M. M.

• Court: Oregon Court of Appeals
• Area(s) of Law: Juvenile Law
• Date Filed: 03-23-2016
• Case #: A159382
• Judge(s)/Court Below: Tookey, J. for the Court; Sercombe, P.J.; & Hadlock, C.J.

In order for a juvenile court to take jurisdiction over a child under ORS 419B.100(1)(c), the court must prove that a the child’s current conditions and circumstances are such as to endanger the welfare of the child.

Mother and Father both appealed a judgment from the juvenile court taking jurisdiction over their infant son. The juvenile court found that both parents suffered from substance abuse, and that Father suffered from a mental illness, which, combined, impaired both parents’ ability to safely parent the child. While both parents appealed, the Court only addressed Father’s arguments. Father argued that the juvenile court erred because the record did not reflect that his substance abuse or mental health issues presented a current risk of serious loss or injury to his child. The Court determined that while the record reflected that Father suffered from PTSD symptoms in 2014, there was no evidence that this mental illness, or his substance abuse, presented a current risk to child. Reversed.

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