Dep't of Human Servs. v. J. C. (In re A. M.)

444 P.3d 1098, 365 Or. 223
CourtOregon Supreme Court
DecidedJuly 18, 2019
DocketSC S065492
StatusPublished
Cited by10 cases

This text of 444 P.3d 1098 (Dep't of Human Servs. v. J. C. (In re A. M.)) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dep't of Human Servs. v. J. C. (In re A. M.), 444 P.3d 1098, 365 Or. 223 (Or. 2019).

Opinion

DUNCAN, J.

*1099**225This juvenile dependency case concerns the requirements for vacating a general guardianship established pursuant to ORS 419B.366. In the juvenile court, mother moved to terminate the court's wardship over her child, A, and vacate the general guardianship the court had established over A. Mother's motion was premised on her assertion that the factual basis for the court's jurisdiction over A no longer existed. The juvenile court did not determine whether the factual basis for its jurisdiction over A continued to exist; instead, it denied mother's motion on the ground that mother had failed to establish that vacating the guardianship was in A's best interests. Mother appealed, and the Court of Appeals vacated the juvenile court's judgment, holding that, if mother established that the factual basis for the juvenile court's jurisdiction over A no longer existed, then the juvenile court was required to terminate its wardship over A and, consequently, could not continue the guardianship. Dept. of Human Services v. J. C. , 289 Or. App. 19, 24, 407 P.3d 969 (2017). Because the juvenile court had not determined whether it was required to terminate its wardship over A, the Court of Appeals remanded the case to the juvenile court to make that determination. Id. A's guardian, Fuller, petitioned this court for review. We allowed the petition and, for the reasons explained below, we conclude that the juvenile court must determine whether it is required to terminate its wardship over A because, if it is, then the guardianship cannot continue.

We begin with a brief statement of the relevant law. When a child's "condition or circumstances are such as to endanger the welfare of [the child]," the juvenile court may assert jurisdiction over the child. ORS 419B.100(1)(c). The court asserts jurisdiction "to protect the child's safety and to work with the child's family to correct the problems that gave rise to the court's exercise of jurisdiction." Dept. of Human Services v. S. M. , 355 Or. 241, 245-46, 323 P.3d 947 (2014). When the court asserts jurisdiction over a child, the court "shall make" the child "a ward of the court." ORS 419B.328(1). Once a child is a ward of the court, the court may direct that the ward remain in the legal custody of the ward's parents or be placed in the legal custody of another, **226including, for example, a relative, a foster care provider, or the Department of Human Services (DHS). ORS 419B.331 ; ORS 419B.334 ; ORS 419B.337. "The court's wardship continues, and the ward is subject to the court's jurisdiction, until one of [five events] occurs." ORS 419B.328(2)(a)-(e). Specifically, the court's wardship continues and the ward remains subject to the court's jurisdiction until (a) the court dismisses the petition concerning the ward, (b) the court transfers its jurisdiction over the ward, (c) the court enters an order terminating the wardship, (d) a judgment of adoption in entered, or (e) the ward becomes 21 years of age. Id. While a child is a ward of the court, the court oversees the development and implementation of a permanency plan for the child. See generally ORS 419B.476 (describing court's duties to establish a permanency plan).

In this case, DHS petitioned the juvenile court to assert jurisdiction over mother's child, A, pursuant to ORS 419B.100(1)(c), on the ground that that mother's use of controlled substances endangered A. The court granted the petition in May 2012, and, consequently, A, then eight months old, became a ward of the court. She was placed in the legal custody of DHS, and was placed in foster care with mother's aunt, Fuller. Initially, the juvenile court's permanency plan was for A to return to mother, but the court later changed the plan to guardianship after mother failed to make sufficient progress to make it possible for A to return home.

In November 2013, the court established a guardianship for A pursuant to ORS 419B.366, which governs what we will refer to as a "general guardianship." As relevant here, to establish a general guardianship, the juvenile court must determine that "[t]he ward cannot safely return to a parent within a reasonable time," "[a]doption is not an appropriate plan for the ward," "[t]he proposed guardian is suitable to meet the needs of the ward and is willing to accept the duties and authority of a guardian," and "[g]uardianship is in the ward's best interests." ORS 419B.366(5). When making those determinations, *1100the facts supporting any finding made must be established by a preponderance of the evidence. ORS 419B.366(2). A parent may move to vacate a general guardianship. ORS 419B.368(1). **227A general guardianship pursuant to ORS 419B.366 differs from a "permanent guardianship," which the juvenile court may establish pursuant to ORS 419B.365.

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Cite This Page — Counsel Stack

Bluebook (online)
444 P.3d 1098, 365 Or. 223, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dept-of-human-servs-v-j-c-in-re-a-m-or-2019.