Dep't of Human Servs. v. S. L.-R. (In re L. R. R.)

• Decision Date: 31 August 2022
• Docket Number: A176877
• Citation: 321 Or.App. 501
• Parties: In the Matter of L. R. R., a Child. v. S. L.-R., aka S. A., and M. J. R., Sr., Appellants. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
• Court: Oregon Court of Appeals

321 Or.App. 501

In the Matter of L. R. R., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
S. L.-R., aka S. A., and M. J. R., Sr., Appellants.

A176877

Court of Appeals of Oregon

August 31, 2022

This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

Argued and submitted February 10, 2022; on appellant father's motion to strike fled February 4, 2022.

Washington County Circuit Court 21JU01877; Brandon M. Thompson, Judge.

Joel C. Duran, Deputy Public Defender, argued the cause for appellant M. J. R., Sr. Also on the briefs was Shannon Storey, Chief Defender, Juvenile Appellate Section, Offce of Public Defense Services.

Kenneth A. Kreuscher argued the cause and fled the brief for appellant S. L.-R.

Michael A. Casper, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before Ortega, Presiding Judge, and Lagesen, Chief Judge, and Powers, Judge.

Motion to strike denied; affirmed

1

[321 Or.App. 502] ORTEGA, P. J.

Mother and father challenge the juvenile court's assertion of jurisdiction over their infant daughter, along with its denial of their motions to dismiss. Father additionally has moved to strike portions of the brief filed by the Department of Human Services (DHS), maintaining that it mischaracterizes the record and also that it cites to evidence that he successfully challenged as hearsay. We affirm the judgment without considering the evidence to which father has objected, and therefore treat father's motion to strike as moot and deny it.

The juvenile court may exercise jurisdiction over a child when, under the totality of the circumstances, there is "reasonable likelihood of harm to the welfare of the child." State ex rel Juv. Dept. v. Smith, 316 Or. 646, 653, 853 P.2d 282 (1993); Dept. of Human Services v. C. Z., 236 Or.App. 436, 440, 236 P.3d 791 (2010); ORS 419B.100(l)(c) (providing for juvenile court jurisdiction for a child "[w]hose condition or circumstances are such as to endanger the welfare" of the child). "DHS bears the burden of showing that a nexus exists between the parent's conduct or condition and a threat of harm to the child that exists at the time of the jurisdictional trial." Dept. of Human Services v. C. A. M, 294 Or.App. 605, 615, 432 P.3d 1175 (2018); see also Dept. of Human Services v. W. A. C., 263...