Case Law Updates -- Oregon Dependency Cases

November 2009
December 2009 - No cases
Review of 2009 cases

January 2010
February 2010
March 2010
April 2010
May 2010
October 2010
December 2010
Review of 2010 Cases
 
January & February 2011

Other Case Law Information

Recent Case Law on Expert Testimonial Diagnosis of Child Sexual Abuse in the Absence of Physical Evidence
This issue brief discusses recent Oregon Court of Appeals and Oregon Supreme Court rulings on the admissibility of expert testimonial diagnosis of child sexual abuse, absent any corroborating physical evidence. The cases discussed are: State v. Lovern, (Or. App., March 31, 2010), State v. Merrimon, (Or. App., March 31, 2010), State v. Clay (Or. App., April 21, 2010), and State v. Lupoli, (Or., June 4, 2010).

Ninth Circuit Weighs in on the Rights of Parents
This issue brief discusses recent Ninth Circuit decisions that have altered the landscape of rights held by parents and children involved in the child welfare system. The cases discussed represent a significant expansion of children's and parents' rights, and contain important changes to dependency case law in the Ninth Circuit.

Authority of Oregon Juvenile Courts to Review DHS Actions in Child Dependency Cases 
Oregon statutes and case law authorize the juvenile court to review DHS decisions in dependency cases to protect the best interests of children and the rights of their parents. As the statutes have been amended over the last 20 years, the legislature has given increasing authority to juvenile courts to determine the permanent plans for children and, in some cases, their placement and what services must be provided to them and their parents. Courts exercising this authority must give appropriate deference to agency decisions to permit the agency to manage its budget effectively and carry out its statutory duties. By The Oregon Child Advocacy Project, Professor Leslie J. Harris and Child Advocacy Fellows Molly Allen, Tehan Wittemyer and Farron Lennon, Revised March 2008.

Defining Reasonable Efforts to Reunify
Oregon statutes, case law, and administrative regulations governing case planning in dependency cases establish criteria for determining whether DHS has made reasonable efforts to reunify the family following disposition. These rules require that the agency's efforts be timely, suited to solving the problems that brought the children into care, and adapted to the individual family's needs and strengths. Inherent in these requirements is the obligation of the agency to offer services that fit together as a package and accommodate a parent's other obligations, including work. The agency's obligations to make these accommodations when arranging visitation is described in detail in administrative regulations. By The Oregon Child Advocacy Project, Professor Leslie J. Harris, Laura Althouse, Farron Lennon and David Sherbo-Huggins, revised August 2009.