Dept. of Human Services v. L. C.

DHS bears the burden of persuasion to demonstrate the consequences asserted by Mother and Father were incorrect on the facts or insufficient legally. Dept. of Human Services v. A. B., 362 Or 412, 427, 412 P3d 1169 (2018).

Mother and Father appealed the juvenile court’s assertion of dependency jurisdiction concerning their children. Following their appeals, dependency jurisdiction was dismissed by the juvenile court. In response to these appeals, Department of Human Services (DHS) argued they are moot since the judgments were dismissed in filing a notice of probable mootness. On appeal, Mother and Father argued if the judgment is not reversed, there would be collateral consequences. Specifically, Father argued this judgment would make it more likely for DHS to begin proceedings against him in the future and result in social stigma. Mother argued this judgment would have a negative impact on her reputation and inhibit her volunteering or career options. In response, DHS argued these consequences did not rise to the level of factual and legal significance so as “to make this appeal justiciable.” DHS bears the burden of persuasion to demonstrate the consequences asserted by Mother and Father were incorrect on the facts or insufficient legally. Dept. of Human Services v. A. B., 362 Or 412, 427, 412 P3d 1169 (2018). Here, the court found the judgments would not affect Mother or Father in a significant manner for the consequences they identified. Appeals dismissed.