Department of Human Services v. B. A.

330 P.3d 47, 263 Or. App. 675, 2014 WL 2769191, 2014 Ore. App. LEXIS 813
CourtCourt of Appeals of Oregon
DecidedJune 18, 2014
Docket13JU00498; A155213
StatusPublished
Cited by12 cases

This text of 330 P.3d 47 (Department of Human Services v. B. A.) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Department of Human Services v. B. A., 330 P.3d 47, 263 Or. App. 675, 2014 WL 2769191, 2014 Ore. App. LEXIS 813 (Or. Ct. App. 2014).

Opinion

TOOKEY, J.

Mother and father separately appeal from a judgment of the juvenile court taking jurisdiction over their two-year-old daughter, T, under ORS 419B.100(1)(c),1 based on allegations that (1) mother has unresolved substance abuse that presents a danger to the child; and (2) father lacks an order granting him sole legal custody of T and is therefore unable to protect T from mother.

Parents live together. They admitted at the hearing that mother is an alcoholic, that that condition presents a potential risk to T if she is left alone with mother, and that father lacks a custody order that would prevent mother from asserting control over T. Parents asserted, however, that they have voluntarily implemented a safety plan that prevents mother from parenting T alone and, for that reason, there is no risk of harm to T.

In assuming jurisdiction over T and establishing the wardship, the juvenile court found that mother’s unresolved substance abuse presents a danger to T, and found further that, although father “has taken appropriate protective actions to not allow mother to be alone with the child,” in the absence of an order granting father sole legal custody of T, he is unable to protect T from mother. See ORS 419B.100(1)(c) (juvenile court has exclusive jurisdiction in any case involving a person who is under 18 years of age and “[w]hose condition or circumstances are such as to endanger the welfare of the person or of others [.]”); but see Dept. of Human Services v. R. L. F., 260 Or App 166, 172, 316 P3d 424 (2013) (lack of a custody order alone does not provide a basis for jurisdiction, without evidence that one parent is unable to protect the child from the other parent or that the child will suffer some risk of actual harm because one parent lacks sole legal custody).

[678]*678On appeal, parents challenged the juvenile court’s determinations. The state now advises the court that father has obtained an order granting him sole legal custody of T and that, on the state’s motion, the juvenile court has dismissed jurisdiction and terminated the wardship. The state seeks to dismiss the appeal, asserting that the juvenile court’s dismissal of jurisdiction and termination of the wardship renders moot any claim raised on appeal with respect to the underlying jurisdictional judgment. For the reasons explained herein, we agree with the state that the appeal is moot; we therefore dismiss the appeal.

As the Oregon Supreme Court recently stated in State v. Hemenway, 353 Or 498, 500, 302 P3d 413 (2013), Oregon courts do not have authority to decide moot cases. A case is moot when it involves a matter that no longer is a controversy between the parties. Yancy v. Shatzer, 337 Or 345, 362-63, 97 P3d 1161 (2004). Because the juvenile court has dismissed its jurisdiction and terminated the wardship, the parties no longer have adverse interests. As we recently held in Dept. of Human Services v. C. W. J., 260 Or App 180, 181-82, 316 P3d 423 (2013), a juvenile court’s termination of jurisdiction and wardship ordinarily renders the parent’s appeal of the underlying jurisdictional judgment moot.

Parents assert that C. W. J. was wrongly decided or is distinguishable. In C. W. J., the father appealed a jurisdictional judgment entered on the ground that the father did not have a custody order and therefore could not protect the child from the child’s mother, who presented a risk of harm to the child. After receiving notice that the juvenile court had entered a judgment terminating jurisdiction and the wardship, we dismissed the appeal as moot. We distinguished our opinions in State v. S. T. S., 236 Or App 646, 238 P3d 53 (2010), and State ex rel Juv. Dept. v. L. B., 233 Or App 360, 226 P3d 66 (2010), tmmwo cases in which we held that a dismissal of a jurisdictional judgment did not render the appeal moot because of the existence of collateral consequences from the underlying jurisdictional judgment. We noted that the bases for the underlying jurisdictional judgments in L. B. and S. T. S. — abuse or neglect in L. B., 233 Or App at 365, and domestic violence causing risk of harm to the child in S. T. S., 236 Or App at 650 — involved [679]*679probable adverse consequences to the parent, including adverse employment consequences, adverse impact on the parent’s records with the Department of Human Services (DHS), and social stigma associated with the factual bases for jurisdiction. We explained that the father in C. W. J. had not asserted any particular collateral consequence from the factual basis for jurisdiction — the lack of a custody order— and, further, that the considerations addressed in S. T. S. or L. B. did not apply. 260 Or App at 181-82.

Mother and father assert that, despite the juvenile court’s dismissal of jurisdiction and termination of the wardship, and, despite our opinion to the contrary in C. W. J., there are collateral consequences in a case such as this that make the appeal justiciable. They point to possible consequences both outside of and within the child welfare system.

Outside of the agency, parents assert, there is a social stigma associated with a judicial determination of jurisdiction. DHS responds that juvenile court records are generally confidential and not available to the public, ORS 419A.255(1) (records of a prior adjudication are maintained in the juvenile court, but are marked “confidential” and may be viewed only by the juvenile court judge, court staff, the child, the parents or guardians, service providers, and DHS), and, for that reason, are unlikely to give rise to any social stigma.

We agree with DHS on this point. It is possible that the fact of parents’ involvement with DHS itself could result in social stigma, but that stigma would not be alleviated by a reversal of the underlying judgment. Additionally, jurisdiction has already been dismissed by the juvenile court. In light of the confidentiality of DHS and juvenile court records, we conclude that the possibility of a social stigma associated with the underlying jurisdictional judgment itself is minimal and speculative. See S. T. S., 236 Or App at 654.

Mother argues that, although juvenile court and DHS records are technically confidential, there are many circumstances when those records are subject to disclosure. For example, citing administrative rules, mother points out that teachers, school volunteers, health and child care [680]*680providers, and contractors for the Oregon Health Authority, are required to submit to background checks and, in those circumstances, the jurisdictional judgment could be made available. Mother contends that a prospective employer may then fail to subsequently investigate the underlying bases for jurisdiction in order to determine the parent’s nonculpability.

Mother asserts, further, that in the absence of a reversal of the underlying jurisdictional judgment, DHS will not reconsider its “founded” referral, which will remain on the parents’ record within the agency, and subject to the agency’s consideration on future referrals.

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Bluebook (online)
330 P.3d 47, 263 Or. App. 675, 2014 WL 2769191, 2014 Ore. App. LEXIS 813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-human-services-v-b-a-orctapp-2014.