Dept. of Human Services v. D.L.

DHS has the burden of proof to maintain jurisdiction and, where the parent “has not internalized better techniques,” evidence that “links the ‘lack of insight to the risk of harm” will satisfy that burden. Dept. of Human Services v. J.M., 275 Or App 429, 441 364 P3d 705 (2015), rev den, 358 Or 833 (2016).

Mother appealed an order from the juvenile court regarding wardship over her teenager, A. Mother assigned error to the court because the order denied her motion which asked for wardship to be terminated and to discontinue dependency jurisdiction. On appeal, mother argued that she was successful with her engagement in services, and with her participation in a “three-month in-home trial reunification with A.” Department of Human Services contended that burden of proof required to terminate wardship and jurisdiction was not met, and that there was still a “serious risk of harm to A.”  DHS has the burden of proof to maintain jurisdiction and, where the parent “has not internalized better techniques,” evidence that “links the ‘lack of insight to the risk of harm” will satisfy that burden. Dept. of Human Services v. J.M., 275 Or App 429, 441 364 P3d 705 (2015), rev den, 358 Or 833 (2016) (quoting Dept. of Human Services v. J.M., 260 Or App 261, 268, 317 P3d 402 (2013); Id. (quoting Dept. of Human Services v. A.B., 264 Or App 410, 419, 33 P3d 335 (2014)). The Court found no error in the prior determination as “[the mother’s] lack of insight…supplies a link between the adjudicated bases of jurisdiction,” and her later incidents. This link supported the “juvenile’s court conclusion that the risk of harm is reasonably likely to realized” if wardship is terminated. Affirmed.