Department of Human Services v. S. C. S.

290 P.3d 903, 253 Or. App. 319, 2012 Ore. App. LEXIS 1381
CourtCourt of Appeals of Oregon
DecidedNovember 7, 2012
Docket11572J; 11572J01; A150957
StatusPublished
Cited by6 cases

This text of 290 P.3d 903 (Department of Human Services v. S. C. S.) 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. S. C. S., 290 P.3d 903, 253 Or. App. 319, 2012 Ore. App. LEXIS 1381 (Or. Ct. App. 2012).

Opinion

SCHUMAN, R J.

In this juvenile dependency case, mother appeals from a judgment of the juvenile court taking jurisdiction over mother’s infant daughter, N, after finding that mother has a mental or emotional condition that puts N at risk. Mother contends that the court did not have jurisdiction over the case because she and N are both from Indiana and that, if the court did have jurisdiction, it erred in finding against mother on the facts. We affirm.

Mother grew up in Indiana, but most recently had lived for four years in Oregon while taking care of her ailing father. While in Oregon, she became pregnant and had prenatal care. The Department of Human Services (DHS) first came into contact with mother in April 2011, during her pregnancy, when her doctor reported that she had tested positive for methamphetamine use at a prenatal visit. In September 2011, mother returned to Indiana and gave birth to N. One month later, mother returned to Oregon with N in order to collect her belongings. She testified that it was her intention to then return to Indiana.

In November 2011, mother — still in Oregon— sought medical care for N based on her belief that N was allergic to milk-based formulas and was having seizures after consuming them. On November 18, mother took N to four health care providers and three area hospitals. She reported that N, after being fed, appeared to slip into a coma-like state and would “blow up.” Medical personnel did not detect a problem.

On November 19, mother again sought medical attention for N, taking her to Doernbecher Children’s Hospital at OHSU with the same concerns. She reported that the infant had seizures after consuming milk-based formulas, explaining that N would puff up and then get “a mean look on her face like she’s going to come after me and eat my face.” Mother explained that N would then sleep for hours and would not wake up for her next feeding. She reported to doctors that she was feeding N whole milk with a bit of Karo syrup and chamomile tea to calm her stomach.

According to hospital staff, the infant tolerated regular formula quite well. N weighed seven pounds, [321]*32111 ounces, and appeared to be healthy, but doctors admitted her for observation. However, mother became concerned when she noticed that hospital staff were feeding N a milk-based formula, rather than a soy-based formula. When hospital personnel persisted in feeding N a milk-based formula, mother took N out of the hospital, despite the fact that she had not been discharged. OHSU staff contacted DHS with concerns for N’s nutritional health based on mother’s reports of what she was feeding her. On November 21, 2011, a DHS caseworker went to mother’s house and found her in her car. Mother reported that her sister had taken the infant to Indiana.

The caseworker attempted to locate N in Indiana to verify her safety. In fact, she subsequently determined that N was still in Oregon. Mother was receiving public assistance, and the caseworker put a hold on her benefits in order to induce her to come forward.

During a December 9, 2011, meeting with mother and N, the caseworker asked mother about her mental health and possible drug use. Mother denied using drugs, but stated that she had been diagnosed with ADHD and chronic anxiety and had been prescribed medications in Indiana. Mother explained that she was behaving erratically because she was concerned for N’s health and was seeking medical treatment for N. The caseworker suggested that, in light of mother’s prior methamphetamine use, she would conduct an assessment and ask mother to submit a urine sample.

During the meeting, mother made a telephone call to her mother in Indiana. In a conversation with family members on speaker phone, mother expressed concern that DHS was trying to take her infant. Family members urged her to bring N back to Indiana. The caseworker then told mother that, because of concerns that mother would run from an investigation, the state would take N into protective custody. Mother became agitated and a scuffle ensued, during which mother nearly dropped the infant and threatened to assault the caseworker. After N’s removal, mother and family members made threatening telephone calls to DHS and threatened the DHS caseworker with physical violence. [322]*322The DHS caseworker subsequently obtained a stalking protective order against mother.

Mother attended regular supervised visitation with N, but routinely became angry and threatening with staff. At the first visit, she declined to bottle feed N, stating that she did not want to feed her poison.

DHS filed a petition for jurisdiction on December 9, 2011. The juvenile court in Lane County took jurisdiction under ORS 419B.100(l)(c),1 based on “conditions or circumstances” such as to endanger N’s welfare. Among other allegations, the petition alleged that mother suffers from a mental or emotional condition that interferes with her ability to parent and that, while suffering from a mental or emotional condition, she is unable or unwilling to provide N with care, guidance and supervision necessary for N’s physical, mental, and emotional well being, placing N at risk. The court assumed jurisdiction, making these findings:

“The Court does have to make some findings about mother’s demeanor, and her manner in testifying today, and I really do that only because to really get a sense of mother’s testimony it is something that is * * * much more helpful to understand the Court’s ruling if one actually saw the mother’s testimony.
“And so I am going to make some credibility findings, but * * * I’m actually also making findings as to the court’s assessment of mother’s demeanor in testifying, and her way that she has explained some of the things that she has done immediately around the time that the child was removed, and then up to the date of the hearing.
“And that is that *** mother’s testimony seems to be exaggerated and prone to emotional flourishes. Dismissals out of hand even when there has been testimony that in fact contradicts the things that mother is saying. As though by testifying with great emotion * * * that somehow would [323]*323make the testimony more believable even when it is at * * * variance with the testimony of others.
“I * * * don’t know what is happening, and that’s not my job to figure out. [The allegation of the petition concerning the risk to the child posed by mother’s mental and emotional health has] been demonstrated in part by what occurred up at * * * the children’s hospital in Portland where mother left after seeking out what she believed was medical care for the child.
“That mother persists in thinking the people are trying to harm the child by giving the child formula which she apparently is by other reports responding to appropriately [.] And even * * * in a visit saying that she wouldn’t feed the child because she thought that would be poisoning the child.

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437 P.3d 1186 (Court of Appeals of Oregon, 2019)
Department of Human Services v. R. M. S.
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Department of Human Services v. S. D. I
312 P.3d 608 (Court of Appeals of Oregon, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
290 P.3d 903, 253 Or. App. 319, 2012 Ore. App. LEXIS 1381, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-human-services-v-s-c-s-orctapp-2012.