Dept. of Human Services v R. D.

The Department of Human Services has the burden of proof to show a connection between a parent’s risk-causing conduct and harm to the children, and that the risk is current, not speculative. Dept. of Human Services v. C. J. T., 258 Or App 57, 61–62, 308 P3d 307 (2013).

Father appealed “judgments establishing dependency jurisdiction over his children.”  Father was incarcerated at the time for stabbing a former girlfriend and proposed to have his brother care for his children until his release.  On appeal, Father assigned error to the juvenile court’s finding it had jurisdiction and challenged the court’s exercise of jurisdiction.  In response, the Department of Human Services (DHS) argued that the juvenile court had jurisdiction because of the risk of harm to the children.  DHS has the burden of proof to show a connection between a parent’s risk-causing conduct and harm to the children, and that the risk is current, not speculative.  Dept. of Human Services v. C. J. T., 258 Or App 57, 61–62, 308 P3d 307 (2013).  The Court found that the evidence did not establish that Father or his brother posed a current risk of harm to the children.  Thus, the Court held that the record was “legally insufficient to support jurisdiction.”  Reversed.