Dept. of Human Services v. T. D. G.

"[I]n order for a juvenile court to take jurisdiction over a child on the ground that the child is endangered, the state must establish both that the child is at risk of a certain severity of harm and that there is a reasonable likelihood that the risk will be realized." Dept. of Human Services v. S. D. I., 259 Or App 116, 121, 312 P3d 608 (2013).

Father appealed the juvenile court's decision to deny his motion to dismiss jurisdiction. On appeal, Father argued that the State did not meet its burden to prove that there was a continuing threat of injury to the child that formed the factual base for jurisdiction.  "[I]n order for a juvenile court to take jurisdiction over a child on the ground that the child is endangered, the state must establish both that the child is at risk of a certain severity of harm and that there is a reasonable likelihood that the risk will be realized." Dept. of Human Services v. S. D. I., 259 Or App 116, 121, 312 P3d 608 (2013).  The Court held that the juvenile court erred in denying the motion to dismiss because DHS presented no evidence that Father's driving behavior caused continued risk to the child, that there was no evidence that Father had ever physically disciplined or abused the child, and no evidence that Father would abuse or discipline the child's sibling in the future; therefore, there is insufficient basis to establish jurisdiction.  Reversed and remanded.