State ex rel. Juvenile Department v. J. W.

193 P.3d 20, 345 Or. 292, 2008 Ore. LEXIS 671
CourtOregon Supreme Court
DecidedSeptember 18, 2008
DocketCC 9511834861; CA A136927; SC S055840
StatusPublished
Cited by4 cases

This text of 193 P.3d 20 (State ex rel. Juvenile Department v. J. W.) 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
State ex rel. Juvenile Department v. J. W., 193 P.3d 20, 345 Or. 292, 2008 Ore. LEXIS 671 (Or. 2008).

Opinion

WALTERS, J.

In this case we consider the appealability of a decision of a juvenile court referee in a juvenile dependency proceeding.

This proceeding began when the Department of Human Services (DHS) filed a petition alleging that a child was within the jurisdiction of the Multnomah County Juvenile Court. As amended, the petition included allegations that child’s mother had emotional problems that negatively had affected child, that mother had failed to provide for the dental needs of child, and that, on one or more occasions, the family had been without food. The petition also contained allegations that child’s father had engaged in domestic violence that put child at risk and criminal conduct that impaired father’s ability to care for child.

Mother appeared at a hearing before Multnomah County Juvenile Court Judge Wyatt. On September 6, 2007, Wyatt completed and entered a form document, and, by checking a box in the heading of that document, indicated that she was entering “Findings and Orders Regarding One Parent.” In the body of that document, Wyatt stated that the previously described allegations in the petition regarding mother were true and that “child & mother have special needs [,] & mother needs the services of the court & DHS to meet this child’s basic and special needs and care.” Those findings were relevant to a finding that child was within the jurisdiction of the court pursuant to ORS 419B.100(l)(d);1 however, Wyatt did not check the box on the form document indicating that she had reached that conclusion. Wyatt ordered that the case be “reviewed by * * * [t]he [c]ourt” on [295]*295September 18, 2007, before “Ref Hughes” for a joint settlement conference, “disposition as to mom,” and review. Wyatt signed the form document above a line titled “Judicial Officer.”

Hughes, who is a juvenile court referee, conducted the September 18,2007, proceedings, and set out her decision on a form identical to that used by Wyatt. However, Hughes checked a box to give her document the heading “Judgment Establishing Dependency Jurisdiction and Disposition.” In the body of that document, Hughes found that father had failed to appear and that the previously described allegations pertaining to him were true. Like Wyatt, Hughes did not check the box indicating that she found child to be within the jurisdiction of the court pursuant to ORS 419B.100, but Hughes did check boxes indicating that she was making child a ward of the court and appointing DHS the guardian of child. Hughes stated that child was doing fine in mother’s care, and she required both parents to participate in specified services. Hughes set the case for further review and signed the document on September 18, 2007, above the line entitled “Judicial Officer.” A statement at the end of the form provided that “[a]ny order entered by a Referee shall become final unless a written request for a rehearing, before a Judge, is filed within 10 days of the Referee’s order.”

Mother did not file a request for a rehearing. She did file two notices of appeal, one appealing the Wyatt “Findings and Orders Regarding One Parent” and the other appealing the Hughes “Judgment Establishing Dependency Jurisdiction and Disposition.” Both notices were assigned the same case number in the Court of Appeals.

The Court of Appeals issued an order to show cause why the appeal should not be dismissed, for the reason that the Wyatt decision “does not appear to be an appealable order under ORS 419A.200(1).” Mother conceded that the Wyatt decision was not appealable, but she asserted that the Hughes decision met the statutory criteria. The Court of Appeals concluded that the Wyatt “order” was not subject to appeal, and it dismissed the case. Mother filed a motion to reconsider, directing the court’s attention to her appeal of the [296]*296“judgment” entered by Hughes. The state filed a response, agreeing that the Hughes “judgment” was appealable. The Court of Appeals nevertheless denied reconsideration, reasoning that “[a] judgment signed by a referee is not appeala-ble” and that “[a]ppellant has not shown that she requested a rehearing within 10 days of the judgment.” Mother sought review, which we allowed to address the appealability of the “judgment” entered by Hughes.2

Juvenile court proceedings are governed by chapter 419 of the Oregon Revised Statutes. ORS 419A.200(1) provides that “any person or entity * * * whose rights or duties are adversely affected by a judgment of the juvenile court may appeal therefrom.”3 (Emphasis added.) The document that Hughes signed adversely affects the rights of appellant, and therefore it may be appealed under ORS 419A.200 if it is a “judgment” of the juvenile court. ORS 419A.205(1) defines a “judgment” for purposes of appeal:

“For the purpose of being appealed, the following are judgments-.
“(a) A. judgment finding a child or youth to be within the jurisdiction of the court;
“(b) A judgment disposing of a petition including, but not limited to, a disposition under ORS 419B.325 or 419C.411;
“(c) Any final disposition of a petition; and
“(d) A final order adversely affecting the rights or duties of a party and made in a proceeding after judgment including, but not limited to, a final order under ORS 419B.449 or 419B.476.”

(Emphases added.)

[297]*297The parties begin their arguments from the same foundation — paragraphs (a) and (b) of ORS 419A.205(1).4 The parties agree that, as to paragraph (a), the Hughes decision was a finding that child was “within the jurisdiction of the court,”5 and the state does not dispute that, as to paragraph (b), the Hughes decision was a decision disposing of a petition under ORS 419B.325. The parties’ arguments diverge, however, as to whether those decisions were “judgments,” as that term is used in those paragraphs.

Mother argues that no statute prohibits a referee from entering a judgment. The term “judgment” as used in paragraphs (a) and (b) of ORS 419A.205(1) may be only a descriptor of the decision referred to in those paragraphs.

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Related

Dept. of Human Services v. J. H. (A177299)
513 P.3d 61 (Court of Appeals of Oregon, 2022)
State v. McCarthy
473 P.3d 74 (Court of Appeals of Oregon, 2020)
Department of Human Services v. B. P.
370 P.3d 536 (Court of Appeals of Oregon, 2016)
State Ex Rel. Juv. Dept. v. Jw
193 P.3d 20 (Oregon Supreme Court, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
193 P.3d 20, 345 Or. 292, 2008 Ore. LEXIS 671, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-juvenile-department-v-j-w-or-2008.