GRAVES v. AFSD

5-1701-FX0476-5; CA A29398.

708 P.2d 1180 (1985)

76 Or.App. 215

Ethel GRAVES, Personal Representative of the Estate of Jack M. Blake, Deceased, Petitioner, v. ADULT AND FAMILY SERVICES DIVISION, Respondent.

Court of Appeals of Oregon.

Decided November 6, 1985.


Attorney(s) appearing for the Case

Brian E. Calvert, Grants Pass, argued the cause for petitioner. With him on the brief was Calvert & Davis, Grants Pass.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Frank C. Gibson and Thomas M. Christ, Eugene, filed a brief amicus curiae for American Civil Liberties Union.

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


BUTTLER, Presiding Judge.

Petitioner1 seeks review of a final order of the Adult and Family Services Division (AFSD) terminating his general assistance benefits. Because his entitlement to those benefits was based on a determination that he was mentally ill, he contends that the agency's failure to ensure his representation at the pre-termination hearing denied him a meaningful opportunity to be heard, in violation of Article I, section...

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