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MATTER OF McMANIS

No. 78-374; CA A23490.

655 P.2d 1101 (1982)

61 Or.App. 233

In the matter of Destiny Lorraine McManis, a Child. State of Oregon, ex rel. Juvenile Department of Lane County, Appellant, v. BERNARD DALE MCLEOD, Respondent.

Court of Appeals of Oregon.

Decided December 29, 1982.

Reconsideration Denied February 17, 1983.

Attorney(s) appearing for the Case

Richard David Wasserman, Asst. Atty. Gen., Salem, argued the cause for appellant. With him on the brief were Dave Frohnmayer, Atty. Gen., and William F. Gary, Sol. Gen., Salem.

Peter F.M. Warburg, Eugene, argued the cause and filed the brief for respondent.

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

PER CURIAM.

The state appeals a trial court order dismissing its petition to terminate putative father's parental rights in the child. On de novo review, and applying the constitutionally required "clear and convincing standard of proof," Santosky v. Kramer, 455 U.S. 745, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982); State ex rel. Juv. Dept. v. Farrell, 58 Or.App. 258,

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