STATE EX REL. JUV. DEPT. v. ASHLEY

860185; CA A61020.

790 P.2d 547 (1990)

101 Or.App. 268

IN THE MATTER OF RYAN JAMES GREEN AND RACHAEL SARAH KASPER, Children. STATE ex rel. Juvenile Department of Lincoln County and Children's Services Division, Appellants, v. Tammy ASHLEY, Respondent.

Court of Appeals of Oregon.

Decided April 18, 1990.

Reconsideration Denied June 13, 1990.

Review Allowed July 10, 1990.


Attorney(s) appearing for the Case

John A. Reuling, Jr., Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Michelle Longo Eder, Lincoln City, argued the cause and submitted the brief for respondent.

Before RICHARDSON, P.J., and WARREN and ROSSMAN, JJ.


ROSSMAN, Judge.

The state appeals the juvenile court's dismissal of its petition to terminate mother's parental rights in her two children, arguing that the court wrongly excluded evidence on the basis of the psychotherapist-patient privilege. On de novo review, we reverse and remand.

At the termination hearing, mother did not deny that, because of her addictive use of controlled substances, she was unfit as a parent when she entered prison in December...

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