Dept. of Human Services v. S. R. O.
CourtCourt of Appeals of Oregon
Date FiledOctober 28, 2026
DocketA190688
StatusUnpublished
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Full Opinion
324 October 28, 2026 No. 1056
This is a nonprecedential memorandum opinion
pursuant to ORAP 10.30 and may not be cited
except as provided in ORAP 10.30(1).
IN THE COURT OF APPEALS OF THE
STATE OF OREGON
In the Matter of O. G. O.,
a Child.
DEPARTMENT OF HUMAN SERVICES,
Petitioner-Respondent,
and
O. G. O.,
Respondent
v.
S. R. O.,
Appellant.
Marion County Circuit Court
25JU05681; A190688
Lindsay R. Partridge, Judge.
Submitted September 23, 2026.
George W. Kelly filed the brief for appellant.
Dan Rayfield, Attorney General, Paul L. Smith, Solicitor
General, and Colm Moore, Assistant Attorney General, filed
the brief for respondent Department of Human Services.
Ginger Fitch and Youth, Rights & Justice filed the brief
for respondent O. G. O.
Before Tookey, Presiding Judge, Egan, Judge, and
Jacquot, Judge.
PER CURIAM
Reversed.
Nonprecedential Memo Op: 354 Or App 324 (2026) 325
PER CURIAM
In this juvenile dependency case, mother appeals
the judgment taking jurisdiction over her child, O. On
appeal, mother argues that the juvenile court “erred in find-
ing that [O’s] condition or circumstances endangered her.”
Specifically, mother argues that “there is no evidence that
mother’s drug use has ever been such as to endanger” O.
In response, the Oregon Department of Human Services
(ODHS) “concedes that the juvenile court erred by ruling
that [O] was within its jurisdiction based on mother’s use of
substances.” See Dept. of Human Services v. J. J. B., Jr., 291
Or App 226, 236, 418 P3d 56 (2018) (“[A] parent’s substance
use alone does not create a risk of harm to a child.” (Citation
omitted.)); Dept. of Human Services v. A. W., 276 Or App 276,
278, 367 P3d 556 (2016) (“To establish jurisdiction pursuant
to ORS 419B.100(1)(c), [O]DHS must present evidence suf-
ficient to support a conclusion that the child’s condition or
circumstances expose the child to a current threat of serious
loss or injury that is likely to be realized.” (Citation omit-
ted.)). We agree with and accept ODHS’s concession that
the evidence of drug use is legally insufficient to establish a
current, nonspeculative risk of harm to O. Accordingly, we
reverse the jurisdictional judgment.
Reversed.