State ex rel. Juvenile Department v. Swift

Court of Appeals of Oregon
State ex rel. Juvenile Department v. Swift, 74 Or. App. 718 (1985)
704 P.2d 139; 1985 Ore. App. LEXIS 3460
Buttler, Rossman, Warren

State ex rel. Juvenile Department v. Swift

Opinion of the Court

PER CURIAM

In this juvenile court proceeding, the court found jurisdiction on the basis of the child’s admissions on two counts of forgery. It then directed that he be placed in the legal custody of the Childrens’ Services Division for commitment to the MacLaren Juvenile Training Center. The child now appeals, contending, inter alia, that his due process rights were violated, because he was not afforded an adequate opportunity to present testimony on his behalf during the dispositional phase of the hearing. We cannot tell from a review of the very skimpy record of the proceedings below whether the opportunity he was given was adequate. Because the availability of that opportunity is the cornerstone of due process, we remand for further proceedings to allow him to present his evidence.

Affirmed on jurisdiction; disposition reversed; remanded for disposition.

Reference

Full Case Name
In the Matter of Anthony Swift, a Child. STATE ex rel JUVENILE DEPARTMENT OF CLATSOP COUNTY v. SWIFT
Cited By
2 cases
Status
Published