Dept. of Human Services v. T. H.

Under ORS 19.415(3)(b), "the Court of Appeals, acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record."  Unless there is evidence that would support a different outcome in a juvenile dependency case, under ORS 19.415(3)(b) the Court of Appeals may deny de novo review of factual findings made by the juvenile court. 

Father appealed two judgments that asserted juvenile dependency over his two daughters after the court found proper jurisdiction because of Father's history of sexual abuse against his daughters and that the mother was unable to protect the daughters. Father appealed and requested de novo review as to the factual findings that he sexually abused his daughter. Under ORS 19.415(3)(b), "the Court of Appeals, acting in its sole discretion, may try the cause anew upon the record or make one or more factual findings anew upon the record."  Unless there is evidence that would support a different outcome in a juvenile dependency case, under ORS 19.415(3)(b) the Court of Appeals may deny de novo review of factual findings made by the juvenile court. The Court held that the juvenile court made express factual findings and that the case at hand did not seem to indicate there was strong evidence that would favor a different outcome. Therefore, the Court reasoned that de novo review was not warranted. Affirmed.