dependency hearing (Oregon) · Go Syfert
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dependency hearing in Oregon

16 Oregon opinions name it 2 courts 1980–2025 5 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 (2)

CaseFollowedCited
State Ex Rel. Juvenile Department v. Charlesgreen
orctapp · 1991 · cited in 2 Oregon opinions naming this issue, 2016–2016
2 sentences

2016In Charles/Austin, the Court of Appeals explained that a dependency hearing can result in “a long-term deprivation of custody and a substantial intervention in the parent-child relationship[,]” and the potential intrusion “is so drastic” that parents in dependency cases “have a similar need for representation as do parents facing termination of their rights to their children.” 106 Or App at 633-34 (citation omitted).

2016In Charles!Austin, the Court of Appeals explained that a dependency hearing can result in “a long-term deprivation of custody and a substantial intervention in the parent-child relationship!,]” and the potential intrusion “is so drastic” that parents in dependency cases “have a similar need for representation as do parents facing termination of their rights to their children.” 106 Or App at 633-34 (citation omitted). 5 Former ORS 419.525(2) (1989), repealed by Or Laws 1993, ch 33, § 373, which was in effect at the time of the court’s decision in Geist, is now codified in nearly identical form

22
Dep't of Human Servs. v. M. F. (In re E.B.)green
orctapp · 2018 · cited in 1 Oregon opinions naming this issue, 2020–2020
1 sentence

2020F., 294 Or App at 697 (concluding that evi- dence of the child twice leaving the father’s home unnoticed two years before the dependency hearing was insufficient to prove that the father needed the assistance of the court and the state to meet the child’s needs, because no similar incidents occurred after the father installed child-proof door locks, and, thus, the record would not support a determi- nation that the child “currently would be at risk if returned to father’s care” (emphasis in original)).

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 (12)

CaseCitedYears
Department of Human Services v. S. P. green
orctapp · 2012
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).

22025–2025
Department of Human Services v. E. M. green
orctapp · 2014
2 sentences

2024M., 264 Or App 76, 84 , 331 P3d 1054 (2014) (concluding that DHS must prove both parents are incapable of parenting safely before a court can assert jurisdiction over a child).

2024M., 264 Or App 76, 84 , 331 P3d 1054 (2014) (concluding that DHS must prove both parents are incapable of parenting safely before a court can assert jurisdiction over a child).

22024–2024
State Ex Rel. Juvenile Department v. Cooke green
orctapp · 1987
2 sentences

2009Dept. v. Cooke, 88 Or App 176 , 744 P2d 596 (1987) (holding that ICWA governs a dependency hearing in which the court finds the children within its jurisdiction but does not remove the children’s physical custody from the mother).

2009Dept. v. Cooke, 88 Or App 176 , 744 P2d 596 (1987) (holding that ICWA governs a dependency hearing in which the court finds the children within its jurisdiction but does not remove the children’s physical custody from the mother).

22009–2009
Dept. of Human Services v. H. B. neutral
orctapp · 2022
1 sentence

2022Dept. of Nonprecedential Memo Op: 322 Or App 97 (2022) 101 Human Services v. M.

12022–2022
Department of Human Services v. C. M. neutral
orctapp · 2017
2 sentences

2018M. , 284 Or.App. 521 , 530, 392 P.3d 820 (2017) (affirming the juvenile court's jurisdiction over a child who had been placed in foster care for nearly seven weeks prior to the dependency hearing, based on an act of violence by the father towards the mother and sister while the child slept in the same room); see also ORS 419B.100(2) (juvenile court shall have jurisdiction under ORS 419B.100(1)"even though the child is receiving adequate care from the person having physical custody of the child").

2018M. , 284 Or.App. 521 , 530, 392 P.3d 820 (2017) (affirming the juvenile court's jurisdiction over a child who had been placed in foster care for nearly seven weeks prior to the dependency hearing, based on an act of violence by the father towards the mother and sister while the child slept in the same room); see also ORS 419B.100(2) (juvenile court shall have jurisdiction under ORS 419B.100(1)"even though the child is receiving adequate care from the person having physical custody of the child").

12018–2018
Department of Human Services v. T. L. green
or · 2016
1 sentence

2016Cite as 358 Or 679 (2016) 685 direct appeal remedy for unpreserved inadequate assistance of counsel claims.

12016–2016
Lane v. NOOTH green
or · 2011
1 sentence

2012D., 238 Or App 134 , 241 P3d 1177 (2010), rev den, 349 Or 602 (2011) (declining plain error review of failure to make findings at a dependency hearing and distinguishing review of post-hearing obligations to make findings).

12012–2012
Department of Human Services v. D. D. green
orctapp · 2010
2 sentences

2012D., 238 Or App 134 , 241 P3d 1177 (2010), rev den, 349 Or 602 (2011) (declining plain error review of failure to make findings at a dependency hearing and distinguishing review of post-hearing obligations to make findings).

2012D., 238 Or App 134 , 241 P3d 1177 (2010), rev den, 349 Or 602 (2011) (declining plain error review of failure to make findings at a dependency hearing and distinguishing review of post-hearing obligations to make findings).

12012–2012
State Ex Rel Department of Human Services v. D. T. C. green
orctapp · 2009
2 sentences

2012C., 231 Or App 544, 554-55 , 219 P3d 610 (2009) (reversing judgment of jurisdiction where there was insufficient evidence that the *91 father’s alcohol abuse problem created a reasonable likelihood of harm to the children at the time of the dependency hearing).

2012C., 231 Or App 544, 554-55 , 219 P3d 610 (2009) (reversing judgment of jurisdiction where there was insufficient evidence that the *91 father’s alcohol abuse problem created a reasonable likelihood of harm to the children at the time of the dependency hearing).

12012–2012
State Ex Rel. Juvenile Department v. N. W. green
orctapp · 2009
1 sentence

2010On appeal, we may be—and in this case, we are—called on to decide several issues: whether the allegations in the petition are collectively sufficient, if proven, to establish jurisdiction, Id. at 109, 221 P.3d 174 ; whether any or all of the allegations are proven by a preponderance of the evidence, ORS 419B.310(3); and whether the remedy that the court orders is in whole or in part rationally related to the allegations that the court has found to be proven, State ex rel Juv.

12010–2010
Tomarchio v. Township of Greenwich green
nj · 1977
1 sentence

1982Tomarchio v. Township of Greenwich, supra, extended a similar dependency presumption to widowers.

11982–1982
Mikolich v. State Industrial Accident Commission green
or · 1957
1 sentence

1980In that case this court held as follows (at 57, 316 P.2d 812 ): "We have noticed that in the majority of jurisdictions an adverse decision on the merits of a claim, presented by the employee while he was alive, did not bar a dependency claim under the doctrine of res adjudicate, since the parties and rights involved are different and the dependent is not in privity with the injured employee as to the rights assured him." Because the claim of a widow is an independent claim, if a worker died at the end of two years without filing a claim for compensation, his widow would not have three more yea

11980–1980

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 419B.100 (8) OR § Or. Rev. Stat. § 419B.476 (5) OR § Or. Rev. Stat. § 419A.004 (4) OR § Or. Rev. Stat. § 419B.310 (4) OR § Or. Rev. Stat. § 419B.328 (4) OR § Or. Rev. Stat. § 419B.205 (3) OR § Or. Rev. Stat. § 419B.366 (3) OR § Or. Rev. Stat. § 419B.470 (3) OR § Or. Rev. Stat. § 419B.875 (3) OR § Or. Rev. Stat. § 419B.923 (3)

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 123 (1966–2026) PA 71 (1979–2025) WA 67 (1968–2025) AZ 39 (1981–2026) FL 24 (1979–2021) AL 17 (1989–2024) OR 16 (1980–2025) OH 13 (1994–2025) OK 8 (1971–2014) GA 7 (2001–2025) NY 6 (1976–2019) MO 5 (1987–2011) IL 5 (1980–2025) NJ 5 (1978–2018) UT 4 (1999–2002) IN 4 (1956–1999) SC 3 (2006–2014) CO 2 (1978–1983) MD 2 (1984–1997) IA 2 (1971–1971) NC 2 (2009–2009) DC 2 (1989–2003)

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.

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