Dept. of Human Services v. J. C.Annotate this Case
In the juvenile court, mother moved to terminate the court’s wardship over her child, A, and vacate the general guardianship the court had established. Mother’s motion was premised on her assertion that the factual basis for the court’s jurisdiction over A no longer existed. The juvenile court did not determine whether the factual basis for its jurisdiction over A continued to exist; instead, it denied mother’s motion on the ground that mother had failed to establish that vacating the guardianship was in A’s best interests. Mother appealed, and the Court of Appeals vacated the juvenile court’s judgment, holding that, if mother established that the factual basis for the juvenile court’s jurisdiction over A no longer existed, then the juvenile court was required to terminate its wardship over A and, consequently, could not continue the guardianship. Because the juvenile court had not determined whether it was required to terminate its wardship over A, the Court of Appeals remanded the case to the juvenile court to make that determination. A’s guardian, petitioned the Oregon Supreme Court for review. The Supreme Court concluded the juvenile court had to first determine whether it was required to terminate its wardship over A because, if it was, then the guardianship could not continue. The decision of the Court of Appeals was affirmed. The judgment of the juvenile court was reversed, and the case was remanded to the juvenile court for further proceedings.