· 4/21/2010
Department of Human Services v. K. L. R.
Citations
- 230 P.3d 49
- 235 Or. App. 1
- 2010 Ore. App. LEXIS 413
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- choosing to analyze privilege only under the Fifth Amendment where the appellant did not “develop[ ] a separate analysis under the Oregon Constitution”
- observing that \a properly crafted grant of immunity may ease the friction between the Fifth Amendment right of a parent or caretaker to avoid self-incrimination and the state's authority to advance the best interests of a dependent and at-risk child\
- \[R]equiring an admission of abuse as a condition of family reunification violates a parent's Fifth Amendment rights . . . .\
- \[R]equiring an admission of abuse as a condition of family reunification violates a parent's Fifth Amendment rights . . . .\
- ‘‘requiring an admission of abuse as a condition of family reunification violates a parent’s [f]ifth [a]mend- ment rights’’
- “[P]roviding use immunity from criminal prosecution is a necessary condition to compelling potentially incriminat- ing statements as an inducement for full cooperation and disclosure during dependency proceedings.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Haselton, Brewer, Armstrong
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.