Dept. of Human Services v. D. F.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 11-20-2024
  • Case #: A183993
  • Judge(s)/Court Below: Aoyagi, P.J.; Joyce, J. & Egan, J. Dissenting
  • Full Text Opinion

Generally, an issue not preserved in the trial court will not be considered on appeal. State v. Wyatt, 331 Or. 335, 341, 15 P.3d 22 (2000)

Mother appealed a juvenile courts order to comply with terms of an agreement prepared by the Department of Human Services (DHS). The mother’s counsel objected to the agreement and stated that they would prefer to have the judgement typed in the services so it would be cleaner. The mother assigns error to the juvenile court’s order to comply with terms of agreement, because it lacked legal authority to order her to comply. Generally, an issue not preserved in the trial court will not be considered on appeal. State v. Wyatt, 331 Or. 335, 341, 15 P.3d 22 (2000). The Court reasoned that the mother framed her objection as a preference, but did nothing to alert the court that its authority was in question. Because she did not challenge the authority of the court, neither the court or DHS had an opportunity to address it. Therefore, the appellant's claim of error is unpreserved. Affirmed.

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