Dept. of Human Services v. L. R. M. ( 2022 )

824
Submitted November 15, 2021; dispositional portion of jurisdictional judgment
reversed and remanded, otherwise affirmed January 5, 2022
In the Matter of A. M.,
a Child.
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Respondent,
v.
L. R. M.,
Appellant.
Multnomah County Circuit Court
20JU06589;
Petition Number 114228;
A176063
501 P3d 558
Xiomara Y. Torres, Judge.
Shannon Storey, Chief Defender, Juvenile Appellate Section,
and Shannon Flowers, Deputy Public Defender, Office of
Public Defense Services, filed the brief for appellant.
Ellen F. Rosenblum, Attorney General, Benjamin Gutman,
Solicitor General, and Colm Moore, Assistant Attorney
General, filed the brief for respondent.
Before Tookey, Presiding Judge, and Aoyagi, Judge, and
Armstrong, Senior Judge.
PER CURIAM
Dispositional portion of jurisdictional judgment reversed
and remanded; otherwise affirmed.
Cite as 316 Or App 824 (2022) 825
PER CURIAM
In this juvenile dependency case, mother appeals
the juvenile court’s jurisdictional judgment. In mother’s
first three assignments of error, she argues that the juve-
nile court erred in ruling that A was within its jurisdic-
tion. We reject those assignments of error without written
discussion. In her fourth assignment of error, mother chal-
lenges the juvenile court’s dispositional orders because she
was not given notice and an opportunity to be heard and
otherwise participate, which she argues is required by ORS
419B.875(2) (setting out the rights afforded to parties to
jurisdictional proceedings) and her right to a fundamentally
fair proceeding, State ex rel Juv. Dept. v. Geist, 310 Or 176,
189-90, 796 P2d 1193 (1990) (the “essence of fundamental
fairness is the opportunity to be heard at a meaningful time
and in a meaningful manner”). Relatedly, mother’s remain-
ing assignments claim error as to each of the dispositional
orders in the jurisdictional judgment. The Department
of Human Services concedes that mother was deprived of
notice and an opportunity to be heard as to disposition. We
agree, accept the concession, reverse the dispositional part
of the judgment, and remand for disposition after mother is
provided notice and opportunity to be heard. We need not
resolve mother’s assignments of error concerning the indi-
vidual dispositional orders.
Dispositional portion of jurisdictional judgment
reversed and remanded; otherwise affirmed.