What Do We Do
When children are removed from their family by the Oregon Department of Human Services, the child(ren) and the parents have a right to attorneys. We provide legal services to any of the potential people in that case; from the shelter hearing to the end of the case.

When the Oregon Department of Human Services have some sort of safety concern they have the authority to remove children from the homes of their families. These are some of the hardest cases any person can deal with. The courts of the state of Oregon appoint attorneys to represent the parties involved in that proceeding. In a very basic three member family, the mother, the father, and the child; all receive their own individual attorneys. We can be appointed to represent any one of those parties.

A part of our practice involves supporting people when they have calls of concern from Oregon Child Protective Services. Sometimes in families there are suspicions by ODHS/CPS that there are “safety concerns.” After attempting contact with the family, conducting interviews, and investigating the original complaint; ODHS/CPS can attempt to provide safety services for the family. If those services are not enough to keep the family safe or no services could have been administered to prevent the removal of the child; ODHS/CPS will seek to take protective custody of the child.

After that removal of the child, sometimes legally and sometimes physically, the family has the right to a court hearing within 24 hours. Sometimes that happens the following Monday if there is not a court day available over a weekend (most courts are closed over the weekend). That hearing is called a Shelter Hearing. We can be appointed to represent the party (child, mother, or father), and will endeavor to speak with the party before the hearing.  

It is important to remember that dependency cases are not criminal matters however, sometimes, criminal matters exist at the same time that dependency cases exist. If a party has a criminal case, a party will usually have a separate attorney; they should be the ones to speak to about questions about criminal matters. We will do all we can to work in coordination with a criminal case, but cannot represent a party in their criminal case.

When appointed to a party, the attorney is appointed to that party, and owes to that person, the duties of loyalty, confidentiality, zealous advocacy, and all other ethically required duties. 

Juvenile Dependency cases are incredibly complicated and incredibly fact dependent. Each child is an individual and each case is very different. Each family has different resources and home situations. We respect those differences and do all we can to meet the needs of the client, their family, and the case. 

The representation of a party involved in a dependency proceeding involves, hiring an investigator, legal analysis of the issues, advising the client, describing the collateral consequences of a dependency case, providing evaluations if necessary, hiring expert witnesses, reviewing the discovery of the ODHS, working with members of the extended family, advocating for the party in court, and much more. 

We represent parties through trial regarding whether the child is under the jurisdiction of the court. Past that, dependency cases can be open for years sometimes, depending on the facts in the case. 

Again, these cases are incredibly fact dependent and are more complicated than most types of legal cases. Please consult an attorney as soon as possible if you feel you may become involved in a dependency case.