DHS v. M.H. and T. H.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 06-02-2022
  • Case #: A177143
  • Judge(s)/Court Below: Joyce, J. for the Court; James, P.J.; & Aoyagi, J.
  • Full Text Opinion

ORS 419B.809(6) allows a juvenile court to direct that a petition be amended. See ORS 419B.809(6). “A court is bound by the juvenile court’s findings so long as there is any evidence in the record to support them.” Dept. of Human Services v. J.F.D., 255 Or App 742 (2013).

Parents appealed a judgment from the juvenile court, which had been amended to state that M suffered emotional trauma in her “parents’ care” rather than her “mother’s care.” Appellants assigned error to the finding that M was within the juvenile court’s dependency jurisdiction  Father argued that the juvenile court committed plain error because the finding was based on a condition that was not alleged in the petition. ORS 419B.809(6) allows a juvenile court to direct that a petition be amended. See ORS 419B.809(6). The Court found that the record revealed it was not obvious and beyond reasonable dispute that the petition was amended because the court told the parties it was amending the petition and issued a judgment that reflected the amendment; therefore, the juvenile court did not commit plain error. Mother argued that the juvenile court erred as to the allegations against her. “A court is bound by the juvenile court’s findings so long as there is any evidence in the record to support them.” Dept. of Human Services v. J.F.D., 255 Or App 742 (2013). The Court found that the record supported the juvenile court’s findings and conclusion that M was within its dependency jurisdiction. Affirmed.

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