Dept. of Human Services v C.M.H.

Under ORS 419B.157, “the jurisdiction of the juvenile court of the county in which a child is taken into protective custody shall attach from the time the child is taken into custody.” "'Jurisdiction' in that statute is necessarily a reference to subject matter jurisdiction because, at the time a child is taken into custody, the court will not have had the opportunity to make the factual findings and legal determination required by ORS 419.310(3) to assert dependency jurisdiction over a child.”

Appellant appealed the juvenile court’s decision to disestablish her parentage of a child, born when Appellant was in a same-sex marriage to the biological mother of the child. On appeal, Appellant argued the court did not have subject matter jurisdiction because it had not taken dependency jurisdiction of the child yet. In response, DHS argued the court had subject matter jurisdiction at the time judgment was entered. Under ORS 419B.157, “the jurisdiction of the juvenile court of the county in which a child is taken into protective custody shall attach from the time the child is taken into custody.” "'Jurisdiction' in that statute is necessarily a reference to subject matter jurisdiction because, at the time a child is taken into custody, the court will not have had the opportunity to make the factual findings and legal determination required by ORS 419.310(3) to assert dependency jurisdiction over a child.” The Court found that the the juvenile court had subject matter jurisdiction when child was taken into protective custody. Therefore, the juvenile court was authorized to determine parentage under ORS 419B.395. Affirmed.