State ex rel. Juvenile Department v. Smith

Father appeals from a juvenile court order finding his nine-year-old son to be within the court’s jurisdiction and committing him to the legal custody of Children’s Services Division (CSD) for an indefinite period. On de novo review, ORS 419.561(5), we reverse.

Father and mother dissolved their marriage in 1989. The judgment granted them joint custody of the son. Primarily, father has had physical custody of him. On October 13, 1990, father and mother were again living together. That night, mother’s 12-year-old sister was visiting at the home. Father went to bed, while mother and her sister…