Dept. of Human Services v. J. A. G.

344 Or. App. 511
CourtCourt of Appeals of Oregon
DecidedOctober 29, 2025
DocketA187239
StatusPublished
Cited by2 cases

This text of 344 Or. App. 511 (Dept. of Human Services v. J. A. G.) 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
Dept. of Human Services v. J. A. G., 344 Or. App. 511 (Or. Ct. App. 2025).

Opinion

No. 937 October 29, 2025 511

IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of K. J. A. G., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and K. J. A. G., Respondent, v. J. A. G., Appellant. Jackson County Circuit Court 24JU02889; A187239 (Control) In the Matter of J. P. I. P., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and J. P. I. P., Respondent, v. J. A. G., Appellant. Jackson County Circuit Court 24JU02888; A187238

Charles G. Kochlacs, Judge. Argued and submitted September 26, 2025. George W. Kelly argued the cause and filed the briefs for appellant. Inge D. Wells, Assistant Attorney General, argued the cause for respondent Department of Human Services. Also 512 Dept. of Human Services v. J. A. G.

on the brief were Dan Rayfield, Attorney General, and Benjamin Gutman, Interim Deputy Attorney General. G. Aron Perez-Selsky filed the brief for respondent child. Before Tookey, Presiding Judge, Egan, Judge, and Jacquot, Judge. EGAN, J. Affirmed. Cite as 344 Or App 511 (2025) 513

EGAN, J. In this juvenile dependency case, father challenges the juvenile court’s determination that Oregon has jurisdic- tion to make his children, JP and KG, wards of the court. Father argues that the juvenile court erred when it resolved his challenge to Oregon subject matter jurisdiction by mis- applying the test for jurisdiction under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) (cod- ified as ORS 109.701 to 109.834). The Oregon Department of Human Services (ODHS) argues that the juvenile court correctly resolved the factual disputes. We conclude that the juvenile court made findings that were necessary to apply the legal test under the UCCJEA and that subject matter jurisdiction over the children lies in Oregon. Accordingly, we affirm the juvenile court’s determination that Oregon has jurisdiction. Juvenile court dependency jurisdiction is subject to the UCCJEA. ORS 419B.803(2). We review matters of juris- diction for errors of law. Campbell v. Tardio, 261 Or App 78, 80, 323 P3d 317 (2014). Nevertheless, the determina- tion of residency, temporary absence, and the ultimate ques- tion of subject matter jurisdiction are all heavily dependent on specific facts in each individual case. See Menten and Deatherage, 302 Or App 425, 427-30, 461 P3d 1075 (2020) (illustrating that determining subject matter jurisdiction is heavily fact dependent). The facts presented in this case, and the juvenile court’s determination of credibility, are critical to the resolution of the legal issue before us. The facts presented at the jurisdictional hearing follow. I. FACTS At issue are JP (age 9) and KG (age 7), who were removed from their parents in June 2024. In this juve- nile court adjudication arising out of that removal, mother admitted that her “residential instability interferes with her ability to safely parent the [children], placing the [children] at risk of harm.” Father contested jurisdiction, and the court ruled that ODHS proved the following jurisdictional bases: “The father has an anger control problem that places the [children] at risk of harm. 514 Dept. of Human Services v. J. A. G.

“The father’s mental health problems interfere with his ability to safely parent the [children] and place the [chil- dren] at risk of harm. “The father’s residential and/or financial instability inter- fere with his ability to safely parent the [children]. “The father has exposed the [children] to unsafe people, placing the [children] at risk of harm. “The father’s chaotic lifestyle places the [children] at risk of harm.” Father does not challenge the sufficiency of the evidence warranting dependency jurisdiction, nor contest his “mental health problems” and the family’s “residential instability.” Instead, father contests the court’s subject matter jurisdic- tion under the UCCJEA. The following facts pertain to the court’s subject matter jurisdiction. Prior to the children’s removal in 2024, the circuit court made a child custody determination in 2022. Mother and father did not marry but they lived together for about ten years. After they separated, they stipulated to a judgment that gave father custody of KG and mother cus- tody of JP. The judgment was entered in Lane County in March of 2022. The parties continued to stay in close con- tact and cohabited. Thus, for both parties, the March 2022 judgment lists the same address in Eugene. By the summer of 2023, the parties had been living in Blue River, Oregon. But wildfires forced them to evacuate, and they left on August 17, 2023. Within a few days, they were living in Portland, where they stayed until the middle of October. They allege that they moved to San Francisco, California, arriving on October 17, 2023. When they arrived in San Francisco, father claimed that he and the children took up residence at an apartment leased by “Travis,” father’s brother-in-law. Father testified that he added his name to the lease. Although mother was present in San Francisco, she slept in a van parked outside of the apartment. The children began online school with the Cascade Virtual Academy, a public school based in Prineville, Cite as 344 Or App 511 (2025) 515

Oregon. Father said he listed San Francisco as their place of residence when he signed them up. He testified that “the online school, you have to register in the district that you’re living in, where your computer’s at. So * * * I was applying in San Francisco * * *.” Father further testified: “I was getting them set up with online school in San Francisco. As soon as we got down there, I got them all hooked up with all of the school stuff locally.” Father also applied for locally provided social ser- vices in San Francisco. He told the court: “I went to Compass Family Services, and got all joined up with all the full ser- vices for everything: case managers, housing navigator, all of those things; a therapist every week, Luis.” In addition to signing the children up for schooling and his engage- ment with Compass Family Services, father claimed that he began working for the “Bay Area Resource Center.” He also sought California-provided state benefits. In November, health insurance and Temporary Assistance for Needy Families (TANF) benefits that the family had been receiving in Oregon came to an end; but when father asked for an extension, the State of Oregon continued to provide those benefits. Because Oregon contin- ued to give father benefits, a California agency turned down father’s application for California benefits. Father received Oregon-based TANF for the six months he alleged to have lived in San Francisco. Simultaneously, he received some level of benefits from California and housing assistance from San Francisco County. Father testified that in March or early April 2024, he and the children moved to Berkeley, California. Father stated he planned to enroll the children “into Berkeley Elementary School” by fall. However, father’s Oregon case worker, Carly Davy, indicated that father was in Eugene, Oregon in January 2024. Father and mother testified that they both stayed in California during the entire six months following their arrival on October 17, 2023. But Davy testified: “Q: [W]ere you part of outlining the history of where the children have lived the past six months for [the UCCJEA] section of the [dependency] petition? 516 Dept. of Human Services v. J. A. G.

“A: Yes. “* * * * * “A: Yeah. So [the petition] outline[s] where the family has been seen, including multiple counties throughout Oregon and San Francisco, California. The dates on here we gath- ered due to calls of concern that had come into the Agency * * *.

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345 Or. App. 670 (Court of Appeals of Oregon, 2025)
Dept. of Human Services v. J. A. G.
344 Or. App. 511 (Court of Appeals of Oregon, 2025)

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Bluebook (online)
344 Or. App. 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dept-of-human-services-v-j-a-g-orctapp-2025.