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In re E. R.

Court of Appeals of Oregon

November 7, 2018

In the Matter of E. R., Jr., a Child.
v.
S. S. and E. R., Jr., Appellants. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,

          Submitted September 7, 2018

          Douglas County Circuit Court 18JU01432; Ann Marie Simmons, Judge.

          Shannon Storey, Chief Defender, Juvenile Appellate Section, and Shannon Flowers, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant S. S.

          Adrian T. Smith and Youth, Rights & Justice filed the brief for appellant child.

          Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Cecil A. Reniche-Smith, Assistant Attorney General, filed the brief for respondent.

          Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

         [294 Or.App. 787] PER CURIAM

         Mother and child appeal the jurisdictional judgment in this dependency case. In her first assignment of error, mother challenges the juvenile court's subject matter jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), ORS 109.701 - 109.834.[1]See ORS 419B.803(2) ("Juvenile court jurisdiction is subject to [the UCCJEA]."). She argues that the record does not contain sufficient evidence for the court to find that it had subject matter jurisdiction under ORS 109.741. The Department of Human Services (DHS) concedes the error. We agree and reverse the juvenile court's judgment. That disposition obviates the need to address mother's other assignments of error, or child's assignments of error.

         At the jurisdictional hearing, it was undisputed that mother resides in Missouri, and that father had moved with child from California to Oregon in February 2018. DHS filed a dependency petition concerning child that same month.

         The UCCJEA's general jurisdictional provision, ORS 109.741, provides:

"(1) Except as otherwise provided in ORS 109.751, a court of this state has jurisdiction to make an initial child custody determination only if:
"(a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within six months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state;
"(b) A court of another state does not have jurisdiction under subsection (1)(a) of this section, or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under ORS 109.761 or 109.764, and:
[294 Or.App. 788] "(A) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this ...

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