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Dep't of Human Servs. v. C. A. (In re D. A.)

COURT OF APPEALS OF THE STATE OF OREGON
Aug 29, 2018
293 Or. App. 606 (Or. Ct. App. 2018)

Opinion

A167127 (Control) A167128

08-29-2018

In the Matter of D. A., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. C. A. and K. A., Appellants. In the Matter of K. R. A., a Child. Department of Human Services, Petitioner-Respondent, v. C. A. and K. A., Appellants.

Shannon Storey, Chief Defender, Juvenile Appellate Section, and Valerie Colas, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant C. A. G. Aron Perez-Selsky filed the brief for appellant K. A. Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jona J. Maukonen, Assistant Attorney General, filed the brief for respondent.


Shannon Storey, Chief Defender, Juvenile Appellate Section, and Valerie Colas, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant C. A.

G. Aron Perez-Selsky filed the brief for appellant K. A.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jona J. Maukonen, Assistant Attorney General, filed the brief for respondent.

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

PER CURIAMMother and father appeal juvenile court judgments that asserted jurisdiction over their two children, D and K. The court took jurisdiction over the children based on allegations that (1) D has medical problems requiring treatment that parents are unwilling to provide, (2) after those problems surfaced, parents were rejecting the involvement of child protective services and refusing to allow access to K, and (3) parents' chaotic lifestyle interferes with their ability to safely parent. On appeal, parents argue that the record is legally insufficient to support the court's assertion of jurisdiction on any of those bases. In response, the Department of Human Services concedes that the evidence is legally insufficient to establish jurisdiction over either child and that the judgments should be reversed. We agree, accept the concession, and reverse the jurisdictional judgments.

Reversed.


Summaries of

Dep't of Human Servs. v. C. A. (In re D. A.)

COURT OF APPEALS OF THE STATE OF OREGON
Aug 29, 2018
293 Or. App. 606 (Or. Ct. App. 2018)
Case details for

Dep't of Human Servs. v. C. A. (In re D. A.)

Case Details

Full title:In the Matter of D. A., a Child. DEPARTMENT OF HUMAN SERVICES…

Court:COURT OF APPEALS OF THE STATE OF OREGON

Date published: Aug 29, 2018

Citations

293 Or. App. 606 (Or. Ct. App. 2018)
424 P.3d 830