Full Opinion

No. 1013 October 21, 2026 67 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of E. L., aka E. P., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and E. L., aka E. P., Respondent, v. M. M. P., Appellant. Umatilla County Circuit Court 25JU05533; A190600 (Control) In the Matter of H. M. L., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and H. M. L., Respondent, v. M. M. P., Appellant. Umatilla County Circuit Court 26JU00005; A190601 Eva J. Temple, Judge. Submitted September 23, 2026. G. Aron Perez-Selsky and Michael J. Wallace filed the brief for appellant. Dan Rayfield, Attorney General, Paul L. Smith, Solicitor General, and Jona J. Maukonen, Assistant Attorney 68 Dept. of Human Services v. M. M. P. General, filed the brief for respondent Department of Human Services. Ginger Fitch and Youth, Rights & Justice filed the brief for respondents children. Before Tookey, Presiding Judge, Egan, Judge, and Jacquot, Judge. EGAN, J. Affirmed. Cite as 354 Or App 67 (2026) 69 EGAN, J. In this consolidated juvenile dependency case, mother appeals judgments asserting dependency jurisdic- tion over her children, E and H, who were four months and four years old, respectively, at the time of the jurisdiction trial. In two assignments of error, she challenges the juve- nile court’s assertion of dependency jurisdiction over each child. We affirm. Because mother challenges the sufficiency of the evidence, the question before us is purely legal. “We view the evidence, as supplemented and buttressed by permis- sible derivative inferences, in the light most favorable to the juvenile court’s disposition and assess whether, when so viewed, the record was legally sufficient to permit the out- come.” Dept. of Human Services v. T. L. H. S., 292 Or App 708, 709, 425 P3d 775 (2018). The juvenile court is authorized to assert depen- dency jurisdiction over a child when the child’s condition and circumstances expose the child to a current threat of serious loss or injury that will likely be realized. ORS 419B.100(1) (c); Dept. of Human Services v. A. L., 268 Or App 391, 397-98, 342 P3d 174 (2015). The petitioner, in this case, the Oregon Department of Human Services (ODHS), bears the burden of proof. Id. That burden includes demonstrating a nexus between the child’s allegedly risk-causing conditions and circumstances, and a threat of harm to the child of the type, degree, and duration as to justify juvenile court interven- tion into the constitutionally protected family sphere. Dept. of Human Services v. S. D. I., 259 Or App 116, 121, 312 P3d 608 (2013). Proof of harm or risk at some point in the past is insufficient; the threat must be current at the time of trial. State v. S. T. S., 236 Or App 646, 654, 238 P3d 53 (2010). The risk may not be speculative; there must be a reasonable probability that the risk will be realized. Dept. of Human Services v. J. H., 292 Or App 733, 738, 425 P3d 791 (2018). In this case, as relevant to mother, the juvenile court asserted dependency jurisdiction over both children based on the parents’ substance abuse, mother’s mental health issues, and the resulting threat of harm to the children. As 70 Dept. of Human Services v. M. M. P. to E, the court additionally relied on E’s exposure to con- trolled substances before birth. As to H, the court addi- tionally found that the parents lacked the parenting skills, knowledge, judgment, and/or motivation necessary to safely parent her. Mother argues that the court erred in doing so because the evidence was legally insufficient to establish that those conditions and circumstances exposed the chil- dren to a current and nonspeculative threat of serious loss or injury at the time of the jurisdiction trial. Having reviewed the evidentiary record, we con- clude that the evidence was legally sufficient to support the assertion of dependency jurisdiction. The record estab- lished a history of substance use by both parents, includ- ing father’s longstanding use of fentanyl and methamphet- amine and mother’s positive test for methamphetamine and THC shortly before E’s birth. E’s umbilical cord also tested positive for amphetamine, methamphetamine, and forms of THC. H’s hair later tested positive for methamphetamine, and Dr. Jones testified that the result established environ- mental exposure and that exposure to methamphetamine created an unsafe environment for a child. The children had lived with the parents in the grandparents’ home during part of the relevant period. Although the grandparents provided substantial care and protection and complied with the safety plan, the juvenile court could consider evidence that they had not rec- ognized the parents’ substance use while the parents were living in their home. Similarly, mother did not believe that she posed a risk to the children and intended, if the case were dismissed, to return to the grandparents’ home with the children. The juvenile court could permissibly consider those circumstances together with mother’s history of reconciling with father, her having lived with him throughout most of the dependency proceeding, and the parents’ plan to co-par- ent until shortly before the jurisdictional hearing. Viewing the evidence and permissible inferences in the light most favorable to the juvenile court’s disposition, the record was legally sufficient to permit the court to conclude that the Cite as 354 Or App 67 (2026) 71 grandparents’ involvement reduced but did not eliminate the current risk posed by the parents’ circumstances. In A. L., we held that the evidence presented by DHS was insufficient to prove a current risk of nonspecula- tive harm to the children because the grandparents were the primary caregivers, were aware of the parents’ substance abuse problems, and each of the harms alleged by ODHS were purely speculative. 268 Or App at 400. In contrast, the evidence here established a sufficient nexus between par- ents’ circumstances and a current threat of serious loss or injury to both children that was reasonably likely to be real- ized. See S. D. I., 259 Or App at 121-22. Affirmed.