Department of Human Services v. J. L. M.

In this dependency case, the juvenile court assumed jurisdiction over parents’ child based on mother’s narcolepsy and parents’ substance abuse and lack of appreciation of the risks it posed to the child. Parents appeal, contending that the state failed to present legally sufficient evidence to establish that the child’s condition and circumstances were such as to endanger her welfare. ORS 419B.100(1)(c). We agree and reverse.

Under ORS 419B.100(1)(c), a juvenile court may assume jurisdiction over a child if the child’s condition or circumstances give rise to a current risk of serious loss or…