Legal Opinion

Department of Human Services v. S. M.

Oregon Supreme Court

Decided April 24, 2014No. CC J110590, J110591, J110592, J110593, J110594, J110595, J110596, J110597; CA A151376, A151377, A151378, A151379, A151380, A151381, A151386, A151388; SC S061386, S061387PublishedCited by 17 opinions

1Opinion of the CourtKistler, J.

The juvenile court took jurisdiction over parents’ children and appointed the Department of Human Services (DHS) as the children’s legal custodian and guardian while the children were wards of the court. The question that this case presents is whether the legislature gave DHS, in its capacity as either the children’s custodian or their guardian, authority to have the children immunized against common childhood diseases. Both the trial court and the Court of Appeals held that the legislature gave DHS that authority. See Dept. of Human Services v. S. M., 256 Or App 15, 300 P3d 1254 (2013). We…

2Cases cited9 opinions

  1. Santosky v. KramerSupreme Court of the United States · 1982
  2. Troxel v. GranvilleSupreme Court of the United States · 2000
  3. DeFazio v. Washington Public Power Supply SystemOregon Supreme Court · 1984
  4. State v. OfodrinwaOregon Supreme Court · 2013
  5. State v. KitzmanOregon Supreme Court · 1996

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3Cited by17 opinions

  1. Department of Human Services v. W. A. C.Court of Appeals of Oregon · 2014
  2. Dep't of Human Servs. v. J. C. (In re A. M.)Oregon Supreme Court · 2019
  3. Dept. of Human Services v. D. M. R.Court of Appeals of Oregon · 2019
  4. In re Elianah T.-T.Supreme Court of Connecticut · 2017
  5. Dept. of Human Services v. A. D. J.Court of Appeals of Oregon · 2019

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