Dep't of Human Servs. v. J. E. F. (In re E. S.)
Dep't of Human Servs. v. J. E. F. (In re E. S.)
Opinion of the Court
*166*416In this juvenile dependency case, father appeals a judgment of the juvenile court asserting jurisdiction over father's child. ORS 419B.100(1)(c). Father challenges the authority of the juvenile court to assert jurisdiction over child when, in father's view, either the allegations contained in the Department of Human Service's (DHS) jurisdiction petition are an insufficient basis to assert jurisdiction or the evidence is insufficient to prove the allegations. Specifically, father contends that allegation D-that father is the biological father of child-is an insufficient basis to assert jurisdiction, while the evidence is insufficient to prove the particular allegations of parental deficits alleged in allegation F-that father has an anger and impulse control problem that interferes with his ability to safely parent, allegation G-that father has engaged in domestic violence relationships and has not successfully completed services to ameliorate these concerns, and allegation H-that father does not understand the basic needs of his child.
In its petition, DHS alleged facts that presented a current risk of harm to child relating to both father and mother.
Father does not request de novo review. ORS 19.415(3)(b) (judicial discretion to review de novo ); ORAP 5.40(8)(c) (de novo review exercised "only in exceptional cases"). Accordingly, "we view the evidence, as supplemented and buttressed by permissible derivative inferences, in the light most favorable to the trial court's disposition and assess whether, when so viewed, the record was legally *167sufficient to permit that outcome." Dept. of Human Services v. N. P. ,
DHS petitioned the juvenile court to assert jurisdiction over father's child. In order "to establish jurisdiction over a child, DHS must present evidence that permits a determination that, absent juvenile court jurisdiction, the child's current circumstances pose the requisite nonspeculative risk to the child." K. C. ,
When we review the allegations in the petition we view them together and in connection to one another. Dept. of Human Services v. G. J. R. ,
Accordingly, we do not review allegation D-that father is the biological father of child-in isolation. Viewed *168together with allegations F, G, and H, the fact that father is the biological father is a "proper consideration" for the juvenile court in light of the other allegations. Put another way, to the extent that father argues that allegation D is not legally sufficient because it does not allege a "parenting deficit" or current risk of harm, we conclude that the juvenile court judgment could not reasonably be read as finding that allegation D was an independent basis for jurisdiction. Moreover, allegations F, G, and H, after our review of the record, are sufficiently supported by evidence in the record.
Affirmed.
The juvenile court judgment asserting jurisdiction also related to mother. Mother does not appeal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.