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GRAHAM v. CHILDREN'S SERVICES DIVISION, ETC.

Nos. 99435 and 99436; CA 9922.

591 P.2d 375 (1979)

39 Or.App. 27

Cecil GRAHAM and Eva Louise Graham, Husband and Wife, Respondents, v. CHILDREN'S SERVICES DIVISION, Department of Human Resources of the State of Oregon, and J.N. Peet, Administrator, Appellants.

Court of Appeals of Oregon.

Decided March 5, 1979.

Attorney(s) appearing for the Case

Al J. Laue, former Sol. Gen., Salem, argued the cause for appellants. With him on appellants' brief were James A. Redden, Atty. Gen., and Paul R. Romain, Deputy Atty. Gen., Salem. On the reply brief were James A. Redden, Atty. Gen., Walter L. Barrie, Sol. Gen., and Paul R. Romain, Deputy Atty. Gen., Salem.

Levi J. Smith, Portland, argued the cause and filed the brief for respondents.

Before SCHWAB, C.J., and THORNTON and ROBERTS, JJ.

THORNTON, Judge.

The Children's Services Division (CSD) appeals from a decision of the trial court that respondents Cecil and Eva Graham are entitled to a contested case hearing before CSD can refuse to consent to respondents' adoption of Mrs. Graham's grandchildren. The consent of CSD is required because CSD was awarded permanent custody of the children1 when the parental rights of the children's father, Mrs. Graham's son, were terminated...

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