Dept. of Human Services v. S.A.B.O

To endanger the child's welfare, the circumstances must create a current threat of serious loss or injury to the child and there must be a reasonable likelihood that the threat will be realized." Dept. of Human Services v. S. P., 249 Or. App. 76, 84, 275 P.3d 979, 984 (2012).

Mother appealed two separate judgments in which the juvenile court asserted jurisdiction over mother's two young children on the ground that her mental health condition interfered with her ability to safely parent. Mother argued that the record did not include evidence sufficient to establish that her mental health condition created a current threat of serious loss or injury to the children that was reasonably likely to be realized. In response, DHS argued that the juvenile court's determination that the children were at risk was sufficiently supported by evidence showing that mother's mental health condition hindered her ability to resolve the issues identified in the 2015 judgment. "To endanger the child's welfare, the circumstances must create a current threat of serious loss or injury to the child and there must be a reasonable likelihood that the threat will be realized." Dept. of Human Services v. S. P., 249 Or. App. 76, 84, 275 P.3d 979, 984 (2012). The Court of Appeals found that the juvenile court erred because the record does not include evidence that mother's mental health condition created a current threat or serious loss or injury to her children. Thus, the Court held that recognition of the complexities of domestic violence, and evidence that mother's mental health condition increased the likelihood that her relationships would involve such violence, cannot substitute for evidence of an actual threat of serious loss or injury to the children that is reasonably likely to be realized. Reversed.