Dept. of Human Services v. E. L. P.

Telephonic Appearance Does Not Violate ORS 419B.875(2)(c) or Due Process if Defendant is able to Meaningfully Participate in the Proceedings.

In this juvenile dependency appeal, the father argues the court erred by denying father’s motions to continue the hearing when he was unable to appear in person or video. While able to participate by phone, father contends that the proceeding violated his right to participate under ORS 419B.875(2)(c) and his due process rights. Under ORS 419B.875(2)(c), parties in juvenile dependency proceedings have the right to participate in hearings, including testifying on their own behalf. ORS 419B.918 permits juvenile courts to allow participation by telephonic or other electronic means as long as it complies with Due Process. The court states the juvenile court did not abuse its discretion or violate due process. Father was able testify by phone and consulted with counsel who also cross-examined witnesses. The court concluded that the value of in-person or video appearance was important but outweighed by the child’s and state’s interest in resolving the case when the petition had been pending for nearly a year, and testifying by phone was sufficient. Therefore, the father's due process rights were not violated.

Reversed and remanded for entry of judgment omitting allegation 4M as a basis for jurisdiction; otherwise affirmed.