Dep't of Human Servs. v. H. F. E. (In re J. R. C.)
Dep't of Human Servs. v. H. F. E. (In re J. R. C.)
Opinion of the Court
*611Mother appeals a juvenile court judgment entered in child's juvenile dependency case that continued child's placement with the Oregon Youth Authority (OYA) and denied mother's request to place child in her custody.
As to mother's first assignment, the Department of Human Services (DHS) asserts that any error is not "plain" because it is not obvious that the hearing that precipitated the order was a review hearing under ORS 419B.449. As to mother's second and third assignments, DHS asserts that continuing child's placement with OYA was supported by sufficient information and neither mother nor child objected to the court's consideration of unsworn testimony.
We conclude that the lack of findings in the court's order is not plain error because, as DHS argues, it is not "obvious" that the hearing was of the sort that required findings under ORS 419B.449. To be "plain" the error must (1) be an error of law; (2) be obvious, meaning that the legal point is not reasonably in dispute; and (3) appear on the record. ORAP 5.45(1) ; State v. Vanornum ,
We also reject mother's second and third assignments of error. The juvenile court had information from which it could have rejected mother's request to place child with her and therefore continue child's placement with OYA. Further, in the unique circumstances of this case, even if we assume without deciding that the juvenile court's consideration of unsworn testimony was plain error, we would decline to exercise our discretion to correct such an error because doing so would undermine the purposes of preservation-specifically, had the error been called to the court's attention, it could easily have avoided or corrected the error. See State v. Inman ,
Affirmed.
At the time of hearing, the juvenile court had dependency jurisdiction over child, and child had been previously committed to the juvenile department for committing an act that, if he were an adult, would constitute second-degree sexual abuse. As a result of the hearing, the court entered orders in child's dependency case and child's delinquency case. In Case No. A164477, child has separately appealed the judgment entered in the delinquency case.
Reference
- Full Case Name
- In the Matter of J. R. C., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and J. R. C. v. H. F. E.
- Cited By
- 3 cases
- Status
- Published