Department of Human Services v. K. A. H.

Mother appeals a juvenile court judgment asserting jurisdiction over her child, A. On appeal, the issues are (1) whether the juvenile court erred in admitting scientific evidence in the form of a medical diagnosis that A had been abused, and (2) whether the court erred in allowing the diagnosing physician to testify by telephone rather than in person. For the reasons explained below, we agree with mother that, because the physician’s testimony was wholly determinative of the outcome of the proceeding, ORS 45.400 required the physician to appear in person. Because the juvenile court erred in…