Department of Human Services v. J. B. V.

327 P.3d 564, 262 Or. App. 745, 2014 Ore. App. LEXIS 646
CourtCourt of Appeals of Oregon
DecidedMay 14, 2014
Docket1000517; Petition Number 10JU366, 12JU297; A155043; 1000518; Petition Number 10JU366, 12JU297; A155044
StatusPublished
Cited by8 cases

This text of 327 P.3d 564 (Department of Human Services v. J. B. V.) 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. J. B. V., 327 P.3d 564, 262 Or. App. 745, 2014 Ore. App. LEXIS 646 (Or. Ct. App. 2014).

Opinion

EGAN, J.

In this juvenile dependency case, father appeals two judgments that changed the permanency plan for two of his children from reunification to adoption. See ORS 419B.476. He assigns error to the juvenile court’s denial of his motion to dismiss the juvenile court’s jurisdiction over the children, the court’s decision to change the permanency plans from reunification to adoption, and the court’s admission of certain exhibits for the purpose of making those two decisions.1 Those assignments each spring from father’s legal argument that the trial court improperly relied on the exception to the rules of evidence created by ORS 419B.325(2) to receive the challenged exhibits. He contends that the statute does not apply to either juvenile court jurisdictional determinations or to certain aspects of permanency hearings. We agree with father that, for purposes of ruling on father’s motion to dismiss, the juvenile court’s admission and consideration of the challenged exhibits was error. We therefore vacate the parts of the judgments denying father’s motion to dismiss and remand for further consideration of that motion under the applicable evidentiary rules. Otherwise, we affirm.

The pertinent facts are undisputed and involve procedural matters. The juvenile court asserted jurisdiction over the two children as to father on four separate bases that generally pertained to his inability to safely parent them. The children were placed in foster care and a plan to reunite them with father was implemented. Father subsequently filed a motion to dismiss the juvenile court’s jurisdiction. The juvenile court considered that motion at a contested permanency hearing at which the Department of Human Services (DHS) and the children sought to change the permanency plan from reunification to adoption. Early in the hearing, the parties and court agreed that the motion to dismiss and the permanency plans should be considered simultaneously; accordingly, the parties did not specify the purpose for which any given testimony or evidence was introduced.

[748]*748At the hearing, DHS moved to admit several exhibits into evidence, including a psychological evaluation of father, a police report describing an incident involving father and the children, counseling records, and certain of the children’s medical records. Father objected to the admission of the exhibits on the ground that they “are hearsay and contain hearsay”; he argued that the exhibits were not admissible for purposes of either the motion to dismiss jurisdiction or the permanency-plan determination. In response, DHS did not attempt to argue that the exhibits, or any portion thereof, were admissible under the rules of evidence. Instead, in an argument that was opposed by father, DHS urged that the challenged exhibits were admissible for both purposes under the exception to the rules of evidence created by ORS 419B.325(2). The trial court relied on that statute to receive the challenged exhibits.

The trial court denied father’s motion to dismiss the jurisdictional petitions and also changed the permanency plan from reunification to adoption. In a letter addressed to the parties, the court explained those decisions, in part, by citing extensively to information contained in several of the challenged exhibits.

The parties’ dispute on appeal revolves around ORS 419B.325:

“(1) At the termination of the hearing or hearings in the proceeding, the court shall enter an appropriate order directing the disposition to be made of the case.
“(2) For the purpose of determining proper disposition of the ward, testimony, reports or other material relating to the ward’s mental, physical and social history and prognosis may be received by the court without regard to their competency or relevancy under the rules of evidence.”

Pointing to the phrase, “[flor the purpose of determining proper disposition of the ward,” father asserts that subsection (2) of the statute, which operates as an exception to the otherwise applicable rules of the Oregon Evidence Code, OEC 101(1),2 does not apply to a juvenile court’s jurisdictional [749]*749determination. In other words, he contends that a jurisdictional determination — such as was called for by his motion to dismiss — does not constitute a “disposition” as that term is used in the statute. He advances a related argument with respect to permanency-plan hearings, contending that a permanency hearing consists of two phases, an “adjudicative” phase and a “dispositional” phase. He argues that the exception to the rules of evidence created by subsection (2) only applies at the latter phase and that the trial court therefore erred in receiving and considering the challenged exhibits for purposes of conducting the former.

DHS argues that, in the context of a parent’s motion to dismiss, a juvenile court’s jurisdictional determination is a “disposition” within the meaning of the statute. With respect to the permanency hearing, DHS responds that such a hearing is entirely “dispositional” and that the suspension of evidentiary rules created by ORS 419B.325(2) therefore applies to all aspects of a permanency hearing.

Father’s assignments of error present legal questions that we review for legal error. E.g., Hannemann v. Anderson, 251 Or App 207, 208, 283 P3d 386 (2012). Our task is to discern the legislature’s intent, which we do by examining the text of the statute in context before considering any legislative history that appears useful to the analysis. State v. Gaines, 346 Or 160, 171-72, 206 P3d 1042 (2009).

We begin by considering whether ORS 419B.325(2) applies in the context of a motion to dismiss juvenile court jurisdiction. That question hinges on what the legislature intended by the use of the term “disposition of the ward,” because it is only for that limited purpose that the legislature authorized the suspension of otherwise-applicable evi-dentiary requirements. Father argues that the “disposition” of the ward refers solely to the court’s ultimate determination that directs the ward’s “placement, care, and supervision.” DHS takes a broader view of the word, arguing that a juvenile court’s ruling on a motion to dismiss jurisdiction falls within its reach. “Disposition” should be given its [750]*750“plain, natural, and ordinary meaning,” which we attempt to do by turning to the relevant dictionary definition of the term. PGE v. Bureau of Labor and Industries, 317 Or 606, 611, 859 P2d 1143 (1993); Dept. of Rev. v. Faris, 345 Or 97, 101, 190 P3d 364 (2008). That definition provides:

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Bluebook (online)
327 P.3d 564, 262 Or. App. 745, 2014 Ore. App. LEXIS 646, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-human-services-v-j-b-v-orctapp-2014.