Dept. of Human Services v. T. F.

“Under ORS 109.751(1), a court can take temporary emergency jurisdiction if the child is in the state and is in immediate need of the court’s protection from mistreatment or abuse.” State v. L.P.L.O., 280 Or. App. 292, 306, 381 P.3d 846 (2016). “Temporary emergency jurisdiction is an ‘extraordinary jurisdiction reserved for extraordinary circumstances.’” Id

Mother appealed a judgment asserting dependency jurisdiction over her child. Mother assigned error to the juvenile court’s subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). On appeal, Mother argued that Oregon was not the child’s home state under UCCJEA and the juvenile court did not have subject matter jurisdiction. In response, the Department of Human Services (DHS) claimed that the juvenile court had “temporary emergency jurisdiction” under ORS 109.751. “Under ORS 109.751(1), a court can take temporary emergency jurisdiction if the child is in the state and is in immediate need of the court’s protection from mistreatment or abuse.” State v. L.P.L.O., 280 Or. App. 292, 306, 381 P.3d 846 (2016). “Temporary emergency jurisdiction is an ‘extraordinary jurisdiction reserved for extraordinary circumstances.’” Id. The Court of Appeals held that nothing in the record indicated that the parties asked the court to take temporary emergency jurisdiction, and there was no indication that that is the reason that the juvenile court concluded it had subject matter jurisdiction. Oregon was not the child’s home state; therefore, the juvenile court lacked subject matter jurisdiction under UCCJEA. Reversed.