Department of Human Resources v. C.L.M.

“If the bases for the juvenile court’s jurisdiction ‘cease to exist,’ then the juvenile court must terminate the warship and dismiss the case[.]" Dept. of Human Services v. T.L., 279 Or App 673, 678, 379 P3d 741 (2016).

Mother appealed a permanency judgment in which the juvenile court terminated Mother’s wardship over her teenage daughter and denied Mother’s motion to dismiss dependency jurisdiction. Mother assigned error to the juvenile court's denial of her motion. On appeal, Mother argued that the juvenile court erred by denying her motion because the basis for the jurisdiction did not persist after she successfully participated in all services requested by the Department of Human Services ("DHS"). DHS conceded to the error. “If the bases for the juvenile court’s jurisdiction ‘cease to exist,’ then the juvenile court must terminate the warship and dismiss the case[.]" Dept. of Human Services v. T.L., 279 Or App 673, 678, 379 P3d 741 (2016). The Court held that because Mother successfully participated in the DHS required services and since there was no evidence on the record that demonstrated Mother would re-engage in the inappropriate discipline of her child, the basis of jurisdiction over the child ceased to exist. 

Reversed and remanded.