Dept. of Human Services v. S. S.

DHS must show the jurisdictional judgment has no “practical effect on the rights of the parties” by rebutting the parent’s showing of “continuing practical effects or collateral consequences that, in the parent’s view, render the appeal justiciable.” Dept. of Human Services v. A. B., 362 Or 412, 426, 412 P3d 1169 (2018).

Mother appealed the juvenile court’s determination holding her three children were within the court’s jurisdiction. Subsequently, one of Mother’s children was dismissed from wardship and thus DHS argued Mother’s appeal was moot because “no practical effect on the rights of the parties” could be asserted. Mother argued that because of collateral consequences stemming from the jurisdictional judgment, the appeal was not moot. DHS must show the jurisdictional judgment has no “practical effect on the rights of the parties” by rebutting the parent’s showing of “continuing practical effects or collateral consequences that, in the parent’s view, render the appeal justiciable.” Dept. of Human Services v. A. B., 362 Or 412, 426, 412 P3d 1169 (2018). The Court held that Mother’s appeal was not moot because the Mother established the jurisdictional judgment stated findings of abuse by the mother, which concretely affected mother’s rights regarding custody of the child from child’s father in domestic relations court. Affirmed.