DocketNumber: 14JU02678; A158459
Citation Numbers: 272 Or. App. 569, 355 P.3d 945
Judges: Duncan, Flynn, Lagesen
Filed Date: 7/22/2015
Status: Precedential
Modified Date: 9/9/2022
In this dependency case, it is undisputed that mother is unfit. The juvenile court assumed jurisdiction based on allegations that father “does not have sole legal custody of the child”—and therefore “cannot protect the child from mother’s neglectful behavior”—and that father’s substance abuse interferes with his ability to safely parent. Father appeals, contending that the evidence is insufficient to show that the child’s conditions and circumstances are such as to endanger his welfare. ORS 419B.100(l)(c). We agree with father and reverse.
To support juvenile court jurisdiction, the court must find that there is a current threat of serious loss or injury to the child and a reasonable likelihood that the threat will be realized. Dept. of Human Services v. S. P., 249 Or App 76, 84, 275 P3d 979 (2012); Dept. of Human Services v. C. Z., 236 Or App 436, 440, 236 P3d 791 (2010). It is the state’s burden to establish a nexus between the alleged risk-causing conduct and harm to the child. Dept. of Human Services v. C. J. T., 258 Or App 57, 62, 308 P3d 307 (2013). The risk of harm must be nonspeculative and present at the time of the hearing. Dept. of Human Services v. W. A. C., 263 Or App 382, 403, 328 P3d 769 (2014).
In reviewing the juvenile court’s judgment, “we view the evidence, as supplemented and buttressed by permissible derivative inferences, in the light most favorable to the trial court’s disposition and assess whether, when so viewed, the record was legally sufficient” to permit the court’s assertion of jurisdiction. Dept. of Human Services v. N. P., 257 Or App 633, 639, 307 P3d 444 (2013); see also Dept. of Human Services v. D. H., 269 Or App 863, 865-66, 346 P3d 527 (2015) (applying standard).
Father does not dispute the factual basis for the allegations regarding his substance abuse and lack of a custody order. He contends, however, that the state failed to present legally sufficient evidence to establish that, at the time of the hearing, the alleged conditions and circumstances presented an actual risk of harm to the child of the type required for jurisdiction.
Reversed.