Dept. of Human Services v. J.C.

“The plain text of ORS. 419B.366(6)…establishes two ways a general guardianship can end: when the court terminates the guardianship pursuant to ORS 419B.368 or when the court’s jurisdiction over the ward ends pursuant to ORS 419B.328.”

Petitioner challenged a ruling by the Court of Appeals, which remanded Mother’s appeal of the juvenile court’s denial of her motion to terminate the court’s wardship over her child. On appeal, Petitioner assigned error to the Court’s failure to consider whether, in addition to the factual basis, that the requirements of ORS 419B.368(3) were met, including whether the termination of guardianship is in the best interests of the child. In response, Mother renews her argument that the text of ORS 419B.366 should be interpreted to mean that the juvenile court cannot continue general jurisdiction over her child when the factual basis (here, the mother’s substance abuse) no longer exists. Further, Mother asserts that Petitioners’ reading of ORS 419B.366 would create a due process issue that could give the government a permanent interference into the parent-child relationship. “The plain text of ORS 419B.366(6)…establishes that there are two ways a general guardianship can end: [1] when the court terminates the guardianship pursuant to ORS 419B.368 or [2] when the court’s jurisdiction over the ward ends pursuant to ORS 419B.328.” The Court held that within the plain text of ORS 419B.366(6), the juvenile court may end a general jurisdiction of a child by the terms of ORS 419B.368 or when the basis for the court’s jurisdiction of the child ceases. Affirmed the Court of Appeals ruling and remanded to the juvenile court for its determination of whether it must terminate its jurisdiction over the child.