Dept. of Human Services v. T.B.-L

“To establish a basis for juvenile court jurisdiction for purposes of ORS 419B.100(1)(c), the state must prove, by a preponderance of the evidence, that a child’s welfare is endangered because, under the totality of the circumstances, there is a current threat of serious loss or injury to the child that is reasonably likely to be realized.” Dept. of Human Services v. K. C. F., 282 Or. App 12, 19 (2016).

Juvenile court took jurisdiction over father’s children pursuant to ORS 419B.100(1)(c) after determining that parents’ “volatile and/or unsafe relationship” exposed the children to a risk of serious loss or injury likely to be realized. Father assigns error to the juvenile court’s judgments establishing dependency jurisdiction and argues the evidence was legally insufficient to support the finding. “To establish a basis for juvenile court jurisdiction for purposes of ORS 419B.100(1)(c), the state must prove, by a preponderance of the evidence, that a child’s welfare is endangered because, under the totality of the circumstances, there is a current threat of serious loss or injury to the child that is reasonably likely to be realized.” Dept. of Human Services v. K. C. F., 282 Or. App 12, 19 (2016). The record showed that the children were never the object of parents’ “volatile and/or unsafe” conduct nor in close proximity to the fighting so as to become “endangered”. The evidence was therefore legally insufficient to show that the relationship posed a nonspeculative threat of serious loss or injury to the children that is reasonably likely to occur. Reversed.