time of the jurisdictional hearing (Oregon) · Go Syfert
← Oregon issues

time of the jurisdictional hearing in Oregon

26 Oregon opinions name it 4 courts 2011–2025 10 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Department of Human Services v. M. Q.green
orctapp · 2012 · cited in 11 Oregon opinions naming this issue, 2013–2025
2 sentences

2025Q., 253 Or App at 787 (explaining that jurisdiction “cannot be based on specu- lation that a parent’s past problems persist at the time of the jurisdictional hearing in the absence of any evidence that the risk, in fact, remains”).

2024Q., 253 Or App at 787 (“Jurisdiction cannot be based on speculation that a parent’s past prob- lems persist at the time of the jurisdictional hearing in the absence of any evidence that the risk, in fact remains[.]”).

711
Department of Human Services v. M. A. H.green
orctapp · 2015 · cited in 3 Oregon opinions naming this issue, 2016–2025
2 sentences

2016A. H., 272 Or App 75, 84 , 354 P3d 738 (2015) (“For a court to take jurisdiction of a child under ORS 419B.100(l)(c), the child’s ‘condition or circumstances’ at the time of the jurisdictional hearing must be such as to endanger the welfare of the child or another person.” (Emphasis in original.)).

2016A. H., 272 Or App 75, 84 , 354 P3d 738 (2015) (“For a court to take jurisdiction of a child under ORS 419B.100(l)(c), the child’s ‘condition or circumstances’ at the time of the jurisdictional hearing must be such as to endanger the welfare of the child or another person.” (Emphasis in original.)).

23
Department of Human Services v. S. P.green
orctapp · 2012 · cited in 4 Oregon opinions naming this issue, 2012–2025
2 sentences

2025Dept. of Human Services v. S. P., 249 Or App 76, 90-91 , 275 P3d 979 (2012) (discussing a number of cases in which we reversed a judg- ment of jurisdiction where there was insufficient evidence that the parent’s behavior created a reasonable likelihood of harm to the child at the time of the dependency hearing).

2025Dept. of Human Services v. S. P., 249 Or App 76, 90-91 , 275 P3d 979 (2012) (discussing a number of cases in which we reversed a judg- ment of jurisdiction where there was insufficient evidence that the parent’s behavior created a reasonable likelihood of harm to the child at the time of the dependency hearing).

14
Dept. of Human Services v. T. N. M.green
orctapp · 2021 · cited in 1 Oregon opinions naming this issue, 2025–2025
1 sentence

2025See, e.g., id. at 163-64 (mother’s history of untreated drug use, incon- sistent statements regarding her last use of methamphet- amine, and past use during pregnancy permitted an infer- ence that mother suffered from a current substance abuse disorder and that her continued substance abuse would interfere with her ability to parent her child).

11
Department of Human Services v. B. L. J.green
orctapp · 2011 · cited in 1 Oregon opinions naming this issue, 2016–2016
1 sentence

2016J., 246 Or App at 770 (alleged circumstances of parent had been remediated by the time of the jurisdictional hearing where mother was unable to parent independently because of cognitive deficits but, by the time of the jurisdictional hearing, mother was living with a family friend who could supervise her parenting).

11
Department of Human Services v. A. R. S.green
orctapp · 2012 · cited in 1 Oregon opinions naming this issue, 2016–2016
1 sentence

2016S., 249 Or App at 605-06 (juvenile court erred by requiring the mother to be able to parent “without the assistance of child’s maternal grandmother, who was child’s foster placement and with whom mother (with grandmother’s approval and encouragement) wanted to live”); Dept. of Human Services v. A. H., 275 Or App 788, 792-93 , 365 P3d 1183 (2015) (accepting DHS’s concession that the juvenile court erred in asserting jurisdiction over a child where, by the time of the jurisdictional hearing, the child was placed by DHS with her paternal grandparents, where she would continue to live even without

11
Department of Human Services v. N. P.green
orctapp · 2013 · cited in 1 Oregon opinions naming this issue, 2016–2016
1 sentence

2016A child’s condition or circumstances ‘endanger’ the child within the meaning of the statute if they ‘create a current threat of serious loss or injury to the child,’ and the threat is one that is ‘reasonably likel [y] ’ to be realized absent juvenile court intervention.” 272 Or App at 84 (emphasis in original; internal citations omitted); see also N.P., 257 Or App at 639 (the specific inquiry on review is whether “the record permit [ted] the juvenile court to determine that ‘the child’s condition or circumstances’ gave rise to a current ‘threat of serious loss or injury to the child’ and that

11
Department of Human Services v. D. H.green
orctapp · 2015 · cited in 1 Oregon opinions naming this issue, 2016–2016
1 sentence

2016H., 269 Or App at 868 (the mother’s suicide attempt, which was “a singular act in response to the traumatic event of having [the child] removed from her care,” did not “permit the inference that the unstable mental condition that led mother to [attempt suicide] persisted at the time of the jurisdictional hearing, several months” later).

11
Department of Human Services v. A. B.green
orctapp · 2014 · cited in 1 Oregon opinions naming this issue, 2015–2015
2 sentences

2015See Dept. of Human Services v. A. B., 264 Or App 410, 416 , 333 P3d 335 (2014) (substance abuse does not provide a basis for juvenile court jurisdiction where there is “no evidence in support of a determination that [the parent] had a substance abuse problem at the time of the jurisdictional hearing”); Dept. of Human Services v. E.

2015See Dept. of Human Services v. A. B., 264 Or App 410, 416 , 333 P3d 335 (2014) (substance abuse does not provide a basis for juvenile court jurisdiction where there is “no evidence in support of a determination that [the parent] had a substance abuse problem at the time of the jurisdictional hearing”); Dept. of Human Services v. E.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oregon. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Department of Human Services v. R. L. F. green
orctapp · 2013
2 sentences

2014F., 260 Or App 166, 173 , 316 P3d 424 (2013) (DHS failed to prove that the father currently used alcohol, or that his use exposed the child to a threat of harm, at the time of the jurisdictional hearing); M.

2014F., 260 Or App 166, 173 , 316 P3d 424 (2013) (DHS failed to prove that the father currently used alcohol, or that his use exposed the child to a threat of harm, at the time of the jurisdictional hearing); M.

22014–2015
Department of Human Services v. E. M. green
orctapp · 2014
2 sentences

2015Id.

2015M., 264 Or App 76, 82-83 , 331 P3d 1054 (2014) (DHS failed to prove that “mother had a substance abuse problem at the time of the [jurisdictional] hearing”); Dept. of Human Services v. M.

22015–2015
Dept. of Human Services v. J. H. (A177299) green
orctapp · 2022
1 sentence

2022Cite as 320 Or App 85 (2022) 87 the ground that Thomas lacked authority to preside over the matter and to sign the judgment and, therefore, the judg- ment was without legal authority.

12022–2022
Department of Human Services v. A. H. neutral
orctapp · 2015
2 sentences

2016S., 249 Or App at 605-06 (juvenile court erred by requiring the mother to be able to parent “without the assistance of child’s maternal grandmother, who was child’s foster placement and with whom mother (with grandmother’s approval and encouragement) wanted to live”); Dept. of Human Services v. A. H., 275 Or App 788, 792-93 , 365 P3d 1183 (2015) (accepting DHS’s concession that the juvenile court erred in asserting jurisdiction over a child where, by the time of the jurisdictional hearing, the child was placed by DHS with her paternal grandparents, where she would continue to live even without

2016S., 249 Or App at 605-06 (juvenile court erred by requiring the mother to be able to parent “without the assistance of child’s maternal grandmother, who was child’s foster placement and with whom mother (with grandmother’s approval and encouragement) wanted to live”); Dept. of Human Services v. A. H., 275 Or App 788, 792-93 , 365 P3d 1183 (2015) (accepting DHS’s concession that the juvenile court erred in asserting jurisdiction over a child where, by the time of the jurisdictional hearing, the child was placed by DHS with her paternal grandparents, where she would continue to live even without

12016–2016
Department of Human Services v. B. B. green
orctapp · 2012
1 sentence

2013Id.

12013–2013
State Ex Rel. Juvenile Department v. Vanbuskirk green
orctapp · 2005
1 sentence

2011DHS failed to carry its burden of proving that there was a “reasonable likelihood of harm,” id., to the children in such an environment.

12011–2011

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 419B.100 (25)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 206 (1982–2026) OR 26 (2011–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

← Caselaw search · G Cite Topics · Brief Check