Dep't of Human Servs. v. C. A. (In re D. A.), 424 P.3d 830, 293 Or. App. 606 (2018)

Aug. 29, 2018 · Court of Appeals of Oregon · A167127 (Control); A167128

424 P.3d 830, 293 Or. App. 606

In the Matter of D. A., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.
C. A. and K. A., Appellants.

In the Matter of K. R. A., a Child.

Department of Human Services, Petitioner-Respondent,
v.
C. A. and K. A., Appellants.

A167127 (Control)
A167128

Court of Appeals of Oregon.

Submitted July 6, 2018.
August 29, 2018

Shannon Storey, Chief Defender, Juvenile Appellate Section, and Valerie Colas, Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant C. A.

G. Aron Perez-Selsky filed the brief for appellant K. A.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jona J. Maukonen, Assistant Attorney General, filed the brief for respondent.

Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

PER CURIAM

Mother and father appeal juvenile court judgments that asserted jurisdiction over their two children, D and K. The court took jurisdiction over the children based on allegations that (1) D has medical problems requiring treatment that parents are unwilling to provide, (2) after those problems surfaced, parents were rejecting the involvement of child protective services and refusing to allow access to K, and (3) parents' chaotic lifestyle interferes with their ability to safely parent. On appeal, parents argue that the record is legally insufficient to support the court's assertion of jurisdiction on any of those bases. In response, the Department of Human Services concedes that the evidence is legally insufficient to establish jurisdiction over either child and that the judgments should be reversed. We agree, accept the concession, and reverse the jurisdictional judgments.

Reversed.