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  5. 912 P.2d 904 (1996)
 

MATTER OF PAYNE

CC 94-5738; CA A87112 (Control), CC 94-5739; CA A87113, CC 94-5740; CA A87114, CC 94-5741; CA A87115 and SC S42704.

912 P.2d 904 (1996)

323 Or. 1

In the Matter of Stephanie Darlene PAYNE, a Child. STATE ex rel. CHILDREN'S SERVICES DIVISION, Petitioner on Review, v. Dianna R. PAYNE and Michael E. Payne, Respondents on Review. In the Matter of Joshua Michael Payne, a Child. STATE ex rel. CHILDREN'S SERVICES DIVISION, Petitioner on Review, v. Dianna R. PAYNE and Michael E. Payne, Respondents on Review. In the Matter of Matthew Scott Payne, a Child. STATE ex rel. CHILDREN'S SERVICES DIVISION, Petitioner on Review, v. Dianna R. PAYNE and Michael E. Payne, Respondents on Review. In the Matter of Michael Emerson Payne, a Child. STATE ex rel. CHILDREN'S SERVICES DIVISION, Petitioner on Review, v. Dianna R. PAYNE and Michael E. Payne, Respondents on Review.

Supreme Court of Oregon, In Banc.

March 14, 1996.

Attorney(s) appearing for the Case

Katherine H. Waldo, Assistant Attorney General, Salem, filed the petition for petitioner on review. With her on the petition were Theodore R. Kulongoski, Attorney General, and Virginia L. Linder, Solicitor General.

No appearance contra.

MEMORANDUM OPINION.

Petition for review denied.

GRABER, J., dissented and filed an opinion in which GILLETTE, J., joined.

GRABER, Justice, dissenting.

I dissent from the court's denial of review in this case. The opinion of the Court of Appeals contains three erroneous statements of the law that applies to termination of parental rights, statements that demonstrate a failure to appreciate both the overall statutory scheme and its application...

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