- Court: Oregon Supreme Court
- Area(s) of Law: Juvenile Law
- Date Filed: 05-06-2021
- Case #: S067827
- Judge(s)/Court Below: Flynn, J. for the Court; Walters, C.J.; Nakamoto, J.; Duncan, J.; Nelson, J.; Garrett, J; & Kistler, S.J.
- Full Text Opinion
Petitioner appealed the juvenile court’s judgment of nonparentage. On appeal, Petitioner argued that the judgment was void because the juvenile court lacked “subject matter jurisdiction under ORS 419B.100(1) unless and until” it determined the child fell into one of the specified categories. In response, the Department argued that the nonparentage judgment was valid because the juvenile court had the authority to decide the parentage issue without first determining whether the child was a ward of the court. The allegations and relief sought in a pending petition are sufficient to bring a case under the subject matter jurisdiction of the juvenile court. ORS 419B.100(1). The Court applied the analytical framework from State v. Gaines, 346 Or 160, 171-72, 206 P3d 1042 (2009), and determined that neither the text nor context of ORS 419B.100(1) supported Petitioner’s assertion. The Court held that a pending petition invoked the juvenile court’s subject matter jurisdiction; therefore, the juvenile court had the authority to determine parentage. Affirmed.