Legal Opinion

Department of Human Services v. C. Z.

Court of Appeals of Oregon

Decided July 28, 2010No. J090761 A144712 (Control) J090762 A144713PublishedCited by 66 opinions

1Opinion of the CourtSercombe, J.

In this juvenile dependency case, the state alleged that mother’s use of marijuana presented a reasonable likelihood of harm to her two children, and the juvenile court took jurisdiction over both children as to mother on that basis. Mother appeals from that juvenile court judgment and argues that the state has not established a “reasonable likelihood of harm” to the children by a preponderance of the evidence. We agree and, accordingly, reverse the judgment finding jurisdiction over the children.

The hearing on jurisdiction established the following undisputed facts. Mother and father have…

2Cases cited6 opinions

  1. Ball v. GladdenOregon Supreme Court · 1968
  2. State Ex Rel. Juvenile Department v. SmithOregon Supreme Court · 1993
  3. Emmert v. No Problem Harry, Inc.Court of Appeals of Oregon · 2008
  4. State ex rel. Juvenile Department v. T. S.Court of Appeals of Oregon · 2007
  5. State Ex Rel. Juvenile Dept. of Multnomah County v. RakOregon Supreme Court · 2007

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3Cited by66 opinions

  1. Department of Human Services v. C. J. T.Court of Appeals of Oregon · 2013
  2. State v. D. R.Court of Appeals of Oregon · 2010
  3. Department of Human Services v. M. Q.Court of Appeals of Oregon · 2012
  4. Department of Human Services v. N. S.Court of Appeals of Oregon · 2011
  5. Department of Human Services v. E. M.Court of Appeals of Oregon · 2014

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