In the Matter of A. M., a Child.
R. A. H., JR., aka R. A. H., Jr., and A. M., Appellants. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, In the Matter of K. L. H., aka K. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
R. A. H., JR., aka R. A. H., Jr., and A. M., Appellants. In the Matter of S. E. H., aka S. E. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
R. A. H., JR., aka R. A. H., Jr., and A. M., Appellants.
and submitted October 30, 2018
Washington County Circuit Court 17JU09087, 17JU09088,
17JU09089; [295 Or.App. 274] Erik M Buchér, Judge.
Telerant, Deputy Public Defender, argued the cause for
appellant R. A. H., Jr. On the opening brief were Shannon
Storey, Chief Defender, Juvenile Appellate Section, and
Tiffany Keast, Deputy Public Defender, Offce of Public
Defense Services. Also on the reply brief was Shannon Storey,
Chief Defender, Juvenile Appellate Section.
Fitch argued the cause and fled the brief for appellant A. M.
L. Whitehead, Assistant Attorney General, argued the cause
for respondent. Also on the brief were Ellen F. Rosenblum,
Attorney General, and Benjamin Gutman, Solicitor General.
Lagesen, Presiding Judge, and DeVore, Judge, and James,
Or.App. 275] PER CURIAM.
consolidated juvenile dependency appeal, mother and father
appeal jurisdictional judgments in which the juvenile court
found each of their three children to be within its
dependency jurisdiction under ORS 419B.100(1). The juvenile
court found that the Department of Human Services (DHS)
proved the following allegations with respect to each child:
"The mother has subjected the child to verbal and
emotional abuse resulting in impairment of the child's
emotional well-being and functioning;
"The mother's substance abuse impairs her judgment
and ability to safely parent the child;
"The father is aware of the mother's verbal and
emotional abuse and has failed to protect child from it; and
"The father's substance abuse impairs his judgment
and ability to safely parent the child."
juvenile court also asserted jurisdiction over one of the
children on the ground that "[t]he father is aware that
the mother is subjecting the child's siblings to verbal
and emotional abuse and has failed to protect said
child's siblings from the abuse, which is a threat of
harm to this child." Mother and father appeal, each
assigning error to the bases for jurisdiction pertaining to
that parent and to the juvenile court's ultimate
assertion of jurisdiction over the children. Additionally,
mother appeals the juvenile court's reasonable efforts
determination, arguing that DHS "did not provide
reasonable efforts prior to or after removal" as
required by ORS 419B.340.
detailed discussion of the circumstances of this case would
not benefit the bench, the bar, or the public. Having
reviewed the record in view of the parties' arguments, we
conclude that the juvenile court did not err in the manners
alleged, except for determining that father's marijuana
use supplied a basis for dependency jurisdiction as to
father. We reverse as to that jurisdictional basis because we
conclude that the record contains insufficient evidence from
which a reasonable factfinder could conclude, by a
preponderance of the evidence, that father's marijuana
use subjects [295 Or.App. 276] his children to a current risk
of harm. Dept. of Human Services v. G. J. R., 254
Or.App. 436, 438, 295 P.3d 672 (2013). Additionally, the
record does not contain evidence sufficient to support a
finding that father's ...