Dept. of Human Services v. J.A.

“An appeal is moot when ‘the court’s decision no longer will have a practical effect on the rights of the parties.’” Dept. of Human Services v. G.D.W., 353 Or 25, 292 P3d 548 (2012).

Father appealed a juvenile court judgment regarding his daughter, K. The Department of Human Services (DHS) terminated the court’s jurisdiction and wardship of K and filed a motion to dismiss, arguing that the termination rendered Father’s appeal moot. Father argued that the appeal was not moot due to ongoing collateral consequences. “An appeal is moot when ‘the court’s decision no longer will have a practical effect on the rights of the parties.’” Dep't. of Human Services v. G.D.W., 353 Or. 25, 292 P.3d 548 (2012). Those “practical effects” are the effect of a judgment on future DHS investigations and “domestic relations matters.” The Court reasoned that, because two of the determinations regarding K were also contained in the uncontested judgment regarding Father’s other child, J, those determinations presented no “practical effects.” The remaining determination was Father’s inability to provide K’s mental health treatment. The facts in the record, including the juvenile court’s bases for dismissing K’s jurisdiction, and the facts regarding J’s determination, would be considered in future investigations. That consideration would be a safeguard resulting in little likelihood of “collateral consequences.” Thus, the juvenile court judgment had no practical effect. Appeal dismissed as moot.