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STATE EX REL. JUV. DEPT., ETC. v. DUBELL

No. 8479.

559 P.2d 1302 (1977)

28 Or.App. 449

STATE ex rel. Juvenile Department of Clackamas County and Beverly Drew, Mother, Respondents, v. Jennifer Yvonne DUBELL, Appellant.

Court of Appeals of Oregon.

Decided February 8, 1977.

Attorney(s) appearing for the Case

Sidney A. Brockley, Oregon City, argued the cause for appellant. With him on the brief was John D. Dobson, Portland, and Jack, Goodwin & Urbigkeit, Oregon City.

John K. Lowe, Deputy Dist. Atty., Oregon City, argued the cause for respondent, Juvenile Department of Clackamas County. With him on the brief was Roger N. Rook, Dist. Atty., Oregon City.

Jana T. Gregory, Portland, argued the cause for respondent, Beverly Drew, Mother. With her on the brief was Gregory, Clyman & Nichols, Portland.

Before SCHWAB, C.J., and TANZER and RICHARDSON, JJ.

RICHARDSON, Judge.

The child appeals from an order of the juvenile court dismissing the petition to terminate her mother's parental rights. The petition sought termination as authorized under ORS 419.523(2).

This court interpreted that statute to require two conditions:

"* * * (1) that the parent is presently unable to supply physical and emotional care for the child (if necessary, with the aid of social agencies available), and (2) that this condition...

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