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STATE EX REL. CSD v. BRADY

93-331; CA A87207.

899 P.2d 691 (1995)

135 Or. App. 332

In the Matter of Acacia Inez Brady-O'Neal, A Child. STATE ex rel. CHILDREN'S SERVICES DIVISION, Respondent, v. Michelle Marie BRADY, Appellant.

Court of Appeals of Oregon.

Decided June 28, 1995.

Attorney(s) appearing for the Case

George W. Kelly, Eugene, argued the cause and filed the brief, for appellant.

Harrison Latto, Asst. Atty. Gen., argued the cause, for respondent. With him on the brief were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.

HASELTON, Judge.

Michelle Brady (mother) appeals from a judgment terminating her parental rights to her daughter (child). ORS 419B.500.1 We review de novo, ORS 419A.200, and reverse.

The issue here is whether a mentally impaired mother lacks the capacity to care for her special needs child. The specific question is whether Children' Services Division (CSD) has proved by clear and convincing evidence that mother "presently...

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