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In re H.V.

Court of Appeals of Oregon

June 11, 2014

In the Matter of H.V., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
S. R. C., Appellant

Argued and Submitted January 3, 2014

Washington County Circuit Court. J120069. Petition Number 01J120069M. Eric Butterfield, Judge.

Sarah Peterson, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Michael R. Salvas, Assistant Attorney General, argued the cause for respondent. With him on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Before Armstrong, Presiding Judge, and Nakamoto, Judge, and Egan, Judge.

OPINION

Page 815

[263 Or.App. 508] EGAN, J.

In this juvenile dependency case, mother appeals a judgment in which the juvenile court found additional bases of jurisdiction over her daughter, H. The juvenile court had initially asserted jurisdiction over H based on mother's drug use, H's exposure to dangerous living conditions, and mother's rejection of assistance from the Department of Human Services (DHS). Mother does not challenge those bases for jurisdiction, but instead asserts that the juvenile court erred in asserting jurisdiction over H based on additional allegations in an amended petition. Those allegations generally concerned the level of care that mother had provided to H and her younger children, physical and verbal abuse, H's exposure to domestic violence, and the

Page 816

sexual abuse of H by her stepfather. For the reasons that follow, we reverse with respect to one of those additional allegations and otherwise affirm.

Mother does not request that we exercise our discretion to engage in de novo review, and we decline to do so. ORS 19.415(3)(b); ORAP 5.40(8)(c) (we conduct de novo review only in " exceptional" cases). Therefore, in determining whether juvenile court jurisdiction over H was warranted based on the allegations in the amended petition, we view the evidence, as supplemented and buttressed by permissible derivative inferences, in the light most favorable to the juvenile court's ruling and then assess whether the record was legally sufficient to permit the outcome that was reached. Dept. of Human Services v. N. P., 257 Or.App. 633, 639, 307 P.3d 444 (2013).

At the time of the jurisdictional hearings on the amended petition, mother had six children: H, age 14; J, age 12; M, age 7; O, age 3; S, age 15 months; and D, age 3 months.[1] Beginning when H was approximately 12 years old, mother and the children lived with stepfather for approximately 18 months. In April 2012, DHS removed H and the other children from mother and stepfather's care. Shortly [263 Or.App. 509] thereafter, DHS filed a petition for juvenile court jurisdiction that alleged:

" A. The mother's use of Methamphetamine impairs her ability to provide minimally adequate care for [H] and [H]'s siblings.
" B. The mother has exposed [H] and [H]'s siblings to dangerous living conditions in which drug paraphernalia is present and accessible. The police found illegal substances and drug paraphernalia in the home and within reach of [H] and [H]'s siblings, ...

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