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STATE EX REL. JUV. DEPT. v. SMITH

90-475; CA A68527.

836 P.2d 173 (1992)

114 Or. App. 594

In the Matter of Jonathan G. Smith, a Child. STATE ex rel. JUVENILE DEPARTMENT OF LANE COUNTY, Respondent, v. Darold A. SMITH, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted July 1, 1992.

Decided August 12, 1992.

Reconsideration Denied November 12, 1992.

Attorney(s) appearing for the Case

Daniel N. Gordon, Eugene, argued the cause and filed the brief for appellant.

Katherine H. Waldo, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen. and Virginia L. Linder, Sol. Gen., Salem.

Resubmitted In Banc July 1, 1992.

EDMONDS, Judge.

Father appeals from a juvenile court order finding his nine-year-old son to be within the court's jurisdiction and committing him to the legal custody of Children Services Division (CSD) for an indefinite period. On de novo review, ORS 419.561(5), we reverse.

Father and mother dissolved their marriage in 1989. The judgment granted them joint custody of the son. Primarily, father has had physical...

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