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OREGON: In re C.J.
02.24.2010 | Child Protection / Disposition
In a de novo review, the Oregon Court of Appeals affirmed the juvenile court’s judgment reunifying a child with her father and dismissing the child’s commitment to appellant-Department of Human Services’ custody, but reversed the juvenile court’s decision to vacate its previous judgment terminating the mother’s parental rights. The court noted that although the father had previously signed a release relinquishing his custody of the child to the department and authorizing the department to consent to the adoption, the release did not itself terminate or sever the father’s relationship with the child because such severance can only be accomplished by way of a court order. Because the father still had a legal relationship with the child, the court acted within its authority when it reunited the father and child and ended the department’s custody. Furthermore, the court reversed the judgment terminating the mother’s parental rights because there was neither an allegation of fraud in the original court nor the necessary extraordinary circumstances to justify such decision.
Cite: No. A141958, 2010 Ore. App. LEXIS 125 (Or. Ct. App. Feb. 17, 2010)
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