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In re A. M.

Court of Appeals of Oregon

November 22, 2017

In the Matter of A. M., a Child.
v.
J. C., Mother-Appellant. DEPARTMENT OF HUMAN SERVICES, Petitioner below, and A . F., Guardian-Respondent, and A. M., Child-Respondent,

          Argued and submitted September 8, 2017.

         Lane County Circuit Court 12131J; Petition Numbers 111313, 12131J01; Valeri L. Love, Judge.

          Shannon L. Flowers, Deputy Public Defender, argued the cause for appellant. With her on the brief was Shannon Storey, Chief Defender, Juvenile Appellate Section, Offce of Public Defense Services.

          George W. Kelly argued the cause and fled the brief for respondent A. F.

          No appearance for respondent A. M.

          Before Armstrong, Presiding Judge, and Tookey, Judge, and Shorr, Judge.

         [289 Or.App. 20] Case Summary:

         Mother appeals a juvenile court judgment entered after the court denied her motion to vacate the guardianship and terminate the court's wardship over mother's child. The court denied mother's motion based on its determination that vacating the guardianship was not in the child's best interests. On appeal, mother argues that the court was required to vacate the guardianship and terminate the wardship because she had proven that she had ameliorated the bases for the court's jurisdiction over her child.

         Held:

         By statute, a durable guardianship can continue only so long as the juvenile court has jurisdiction over the child. However, a court does not have jurisdiction over a child if the bases for that jurisdiction cease to exist. Because the juvenile court did not address whether it continued to have jurisdiction over the child, the case is vacated and remanded for the court to make that determination.

         Vacated and remanded.

         [289 Or.App. 21] ARMSTRONG, P. J.

         Mother appeals a juvenile court judgment entered after the court denied her motion to vacate a guardianship and terminate the court's wardship over mother's child, A. Because the juvenile court failed to determine whether the bases for jurisdiction over A continued to exist, we vacate and remand for further proceedings consistent with this opinion.

         A was removed from mother's care and placed with a relative, Fuller, in March 2012 when A was seven months old. The juvenile court determined that it had jurisdiction over A, as to mother, ...


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