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In re D.E.

Court of Appeals of Oregon

July 23, 2014

In the Matter of D.E., aka JT.E., a Child.
v.
A. B., Appellant. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, In the Matter of A. E., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
A. B., Appellant. In the Matter of T. E., aka T. E., Jr., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
A. B., Appellant

 Argued and Submitted May 15, 2014,

Multnomah County Circuit Court. 9709824113. Petition Number 110043M.

Multnomah County Circuit Court. 9709824114. Petition Number 110043M.

Multnomah County Circuit Court. 9709824115. Petition Number 110043M. Beth A. Allen, Judge.

On respondent's motion to dismiss filed March 11, 2014, and appellant's response to respondent's motion to dismiss filed March 25, 2014.

G. Valerie Colas, Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, and Kimberlee Petrie Volm, Deputy Public Defender, Office of Public Defense Services.

Tiffany Keast, Assistant Attorney General, argued the cause for respondent. With her on the brief were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Before Sercombe, Presiding Judge, and Tookey, Judge, and Schuman, Senior Judge.

OPINION

Page 336

[264 Or.App. 412] TOOKEY, J.

Mother appeals from a September 13, 2013, judgment of the juvenile court assuming jurisdiction under ORS 419B.100(1)(c)[1] over three of her five children, JT (age 8), A (age 5), and TJ (age 3),[2] based on allegations that mother (1) has " substance abuse issues [that] impair her judgment and ability to provide safe, consistent, and appropriate care for the children; " (2) " fails to provide for the medical, dental, physical, and educational needs of the children; " and (3) " has failed to provide preventative or needed dental care." [3]

The Department of Human Services (DHS) has been involved with the family since 2011, when the court assumed jurisdiction based on concerns that mother and father had neglected JT's dental and medical needs, the children were not attending school, the children had lead poisoning, the children were not attending medical appointments, the family home was unsanitary, and father had used methamphetamine. DHS helped mother find a new home, and mother participated in services and agreed to follow up with the children's medical needs. Conditions improved, and the court dismissed jurisdiction in July 2012.

The family came to DHS's attention again in May 2013, when ...


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