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· 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 CourtListener

Sourced 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.