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In re J.B.

Court of Appeals of Oregon

March 18, 2015

In the Matter of J. B., a Child.
v.
D. H., Appellant DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,

Submitted February 11, 2015.

Petition Number 1400338. Klamath County Circuit Court 1400338JV. Cameron F. Wogan, Judge.

Peter Gartlan, Chief Defender, and Shannon Storey, Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum, Attorney General, Anna M. Joyce, Solicitor General, and Judy C. Lucas, Senior Assistant Attorney General, filed the brief for respondent.

Before Duncan, Presiding Judge, and Lagesen, Judge, and Flynn, Judge.

OPINION

Page 528

[269 Or.App. 865] LAGESEN, J.

Mother appeals from a dependency judgment asserting jurisdiction over her 5-year-old son, J. The juvenile court concluded that jurisdiction over J as to mother[1] was warranted on three bases:

" 1. [Mother] is aware of the allegations against her husband, * * * that he is a convicted, untreated sex offender and still does not believe that he poses a risk to the child. This condition places the child under a threat of harm.
" 2. [Mother] is unwilling to protect the child from unauthorized contact with her husband * * * until [her husband] is deemed safe to have contact with children. This condition places the child under a threat of harm.
" 3. [Mother's] mental health issues, including an attempted suicide on 06-24-14, interferes with her ability to safely parent the child. This condition places the child under a threat of harm."

On appeal, mother does not dispute that she permitted her husband to have contact with J, even though her husband is an untreated sex offender who is subject to a no-contact-with-minors condition of either post-prison supervision or probation. She also does not dispute that she has some mental health issues, or that, several months before the jurisdictional hearing, she responded to the removal of J from her care by swallowing a bottle of codeine in a suicide attempt. However, mother contends that DHS failed to establish facts sufficient to permit the conclusion that that conduct by mother poses a sufficient risk of injury or harm to J so as to allow the juvenile court to exercise jurisdiction over J under ORS 419B.100(1)(c). We agree with mother and, accordingly, reverse.

On review of a juvenile court's jurisdictional determination under ORS 419B.100(1)(c), " we view the evidence, as supplemented and buttressed by permissible derivative inferences, in the light most favorable to the trial court's [269 Or.App. 866] [determination] and assess whether, when so viewed, the record was legally sufficient to permit that ...


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