STATE EX REL JUV. DEPT. v. NELSON

91-415; CA A73107.

842 P.2d 447 (1992)

116 Or. App. 611

In the Matter of Kyle Alexander Nelson, a Child. STATE ex rel. JUVENILE DEPARTMENT OF LANE COUNTY and Childrens' Services Division, Appellants, v. Kelly NELSON, David Nelson and Kyle Alexander Nelson, Respondents.

Court of Appeals of Oregon.

Decided December 2, 1992.


Attorney(s) appearing for the Case

Michael C. Livingston, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the brief were Charles S. Crookham, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

George W. Kelly, Eugene, argued the cause for respondent Kelly Nelson.

No appearance for respondents David Nelson and Kyle Alexander Nelson.

Before JOSEPH, C.J., and DEITS and DURHAM, JJ.


DEITS, Judge.

The state appeals from a juvenile court order dismissing the state's petition to find that child is within its jurisdiction. The parties are the child Kyle and his parents. On de novo review, we reverse.

Child, who was 2 years old at the time of the hearing, lives with his mother and her boyfriend, Chetwood. On September 10, 1991, both child's grandmother and his father noticed that child had red marks on his face. Father described the...

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