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

380 P.3d 1211, 281 Or. App. 246
CourtCourt of Appeals of Oregon
DecidedSeptember 21, 2016
Docket14JU04013, 14JU04042, 14JU04043, 14JU04044, 14JU04045; Petition Number 110979; A161331
StatusPublished
Cited by11 cases

This text of 380 P.3d 1211 (Department of Human Services v. S. C. T.) 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. T., 380 P.3d 1211, 281 Or. App. 246 (Or. Ct. App. 2016).

Opinion

DEVORE, J.

In this consolidated appeal, mother and father challenge the juvenile court’s judgments asserting jurisdiction over their children. Parents assign error to the trial court’s decision — based on parents’ absence from the hearing — to overrule their attorneys’ objections to the state’s evidence. Parents argue that they were denied a right to participate in the hearing through their attorneys.1 The Department of Human Services (DHS) disagrees and interjects that, due to the parents’ absence, the judgments are not appealable. We conclude that the judgments are appealable because parents had answered the petition and summons in the manner directed.2 On the merits, we conclude that the trial court did not err, because, when absent contrary to the court’s order, parents are not permitted to appear through counsel to interpose objections to the state’s prima facie case. Accordingly, we affirm.

BACKGROUND

The relevant facts are procedural and undisputed. 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 that outcome.” Dept. of Human Services v. N. P., 257 Or App 633, 639, 307 P3d 444 (2013).

DHS served mother and father with a summons and the petition to establish juvenile court jurisdiction. The summons directed each parent to “appear in person” before the court on January 22, 2015, at 2:30 p.m., “to admit or deny the allegations in the petition and at any subsequent court-ordered hearing.” The summons instructed, “You must appear personally in the courtroom ***.” The summons added, “An attorney may not attend the hearing in your place.” The summons warned:

[249]*249“If you do not appear at the hearing noted above or at anv subsequent court-ordered hearing, the Court mav proceed in vour absence, without further notice to vou. and take jurisdiction (wardship) over the child(ren), either on the date specified in this summons or on a future date, and make such orders and take other such action as is authorized by law, including but not limited to establishing wardship over the child(ren), ordering the removal of the child(ren), ordering the removal of the child(ren) from the legal and physical custody of the parent(s) * * * ”

(Emphasis added; underscoring in original.)

On January 22, 2015, parents personally appeared in court at the time specified for them to appear to admit or deny the petition. The record does not include a transcript that reflects their responses at that proceeding. The court continued the matter a number of times. Several times, the court continued the matter because the court found that more information was needed and, later, because the parents were involved in related criminal proceedings. In all, the parents personally appeared on January 22, 2015, March 19, 2015, April 23, 2015, June 11, 2015, July 17, 2015, and September 24, 2015.3

At the September hearing, the juvenile court issued an order, as it had after the prior hearings, that directed parents to appear again in person. Parents were directed to appear at “call” on December 3, 2015. The September order stated:

“The parent shall appear in person at the call proceeding. The parent’s attorney may not attend the call hearing in place of the parent. If a parent fails to appear in person at call, the court, without further notice and in the parent’s absence, may immediately make the children) ward(s) of the court.”

(Emphasis added.) The order also directed parents to appear at a prospective trial, set for December 7 through 9, 2015. The order repeated the warning that the parent must appear personally at trial and that the parent’s attorney may not appear in place of the parent at trial.

[250]*250Parents did not appear for “call” on December 3, 2015. In their absence, DHS presented its evidence in a prima facie case before a juvenile court referee. The referee heard testimony from two witnesses, and based on that testimony, found all of the allegations proven. The referee observed that parents “currently have warrants out for their arrest.”4

Through counsel, mother requested a rehearing before a juvenile court judge. See ORS 419A.150 (allowing rehearing de novo). The court conducted the rehearing on December 17, 2015, but, once again, parents failed to appear. DHS called attention to the parents’ absence and reported that, as a consequence of their prior absence, the referee had not entertained the parents’ evidentiary objections. The court indicated that it would consider objections later when presented in the context of the DHS evidence. DHS added that the parents’ absence raised a question whether the parents’ attorneys had the ability to represent their clients, inasmuch as the parents were not present to answer questions or give directions to counsel about what to do. Mother’s attorney said that she knew mother’s position and that mother wanted to contest jurisdiction. After reviewing statutes, the court indicated that it agreed with the referee. The court explained that, under ORS 419B.815, the parent is required to appear in person, and, in the parent’s absence, the parent cannot appear through counsel. Nevertheless, the court allowed the parents’ counsel to make their record.

Once again, DHS presented its prima facie case through the testimony of two DHS social workers. During the testimony of the first witness, the attorneys for mother, then father, objected on hearsay grounds to the witness recounting the statements of child M about a large scar on his back and about each parent causing scars. Mother’s counsel also objected on hearsay grounds to the witness’s statement about mother’s substance abuse relating to the physical care and hygiene of the children. The court overruled [251]*251each objection. The court affirmed the determination of the referee and concluded that the state had proven the allegations of the petition.

On appeal, we must consider the question about appellate jurisdiction before we may reach the question about parents’ indirect participation in the hearing. The answers to both questions begin with the unique provisions of the Juvenile Code. The answer on appellate jurisdiction will require consideration of ORS 19.245, while the answer on parents’ indirect participation will involve legislative history of the Juvenile Code provisions, ORS 419B.815(7) and (8).

JUVENILE CODE

For purposes of initiating a proceeding to establish juvenile court jurisdiction, ORS 419B.815

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Cite This Page — Counsel Stack

Bluebook (online)
380 P.3d 1211, 281 Or. App. 246, Counsel Stack Legal Research, https://law.counselstack.com/opinion/department-of-human-services-v-s-c-t-orctapp-2016.