Dept. of Human Services v. T. N. M.

A juvenile court may assert jurisdiction over a child under ORS 419B.100(1)(c) when it finds that, considering the totality of the circumstances, the child’s conditions or circumstances endanger the child’s welfare. When a parent’s alleged risk-causing conduct is at issue, DHS has the burden of demonstrating a nexus between the parent’s conduct and the threatened harm to the child. Dept. of Human Services v. L. E. F., 307 Or App 254, 258, 476 P3d 119 (2020), rev den, 367 Or 559 (2021).

Parents appealed from the judgment exercising jurisdiction over their six-month-old infant. They argued that the juvenile court “erred in denying their motion to dismiss the dependency petition for insufficient evidence, and in concluding that the conditions and circumstances alleged in the dependency petition authorized the court’s jurisdiction.” A juvenile court may assert jurisdiction over a child under ORS 419B.100(1)(c) when it finds that, considering the totality of the circumstances, the child’s conditions or circumstances endanger the child’s welfare. When a parent’s alleged risk-causing conduct is at issue, DHS has the burden of demonstrating a nexus between the parent’s conduct and the threatened harm to the child. Dept. of Human Services v. L. E. F., 307 Or App 254, 258, 476 P3d 119 (2020), rev den, 367 Or 559 (2021). On appeal, the court concluded that “the evidence was sufficient to support the juvenile court’s jurisdiction over [the child] based on [two of the six] allegations”—that the mother’s substance abuse “interferes with her ability to safely parent the child,” and that the father “does not understand the basic needs of his child and lacks the skills necessary to safely parent the child.” However, the court concluded that the evidence was “insufficient to support jurisdiction based on [the other four] allegations.” The court reversed and remanded for entry of judgment establishing dependency jurisdiction on two of the six allegations, and otherwise affirmed.