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STATE EX REL. SOSCF v. MELLOR

98-11-28J, Petition Nos. 98-11-28J-02, 98-11-28J-03; A112003 (Control), A112004

47 P.3d 19 (2002)

181 Or. App. 468

In the Matter of Destinee Mae Mellor, a Minor Child. STATE ex rel. STATE OFFICE FOR SERVICES TO CHILDREN AND FAMILIES, Appellant, v. Mendi Jo MELLOR, Respondent. In the Matter of Destinee Mae Mellor, a Minor Child. State ex rel. State Office for Services to Children and Families, Appellant, v. Richard Lee Mellor, Respondent.

Court of Appeals of Oregon, En Banc.

Resubmitted May 14, 2002.

Decided May 29, 2002.

Attorney(s) appearing for the Case

Denise G. Fjordbeck, Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Theresa M. Kohlhoff, Wilsonville, filed the brief for respondent Richard Mellor.

No appearance for respondent Mendi Jo Mellor.

Before DEITS, Chief Judge, and EDMONDS, LANDAU, HASELTON, ARMSTRONG, LINDER, WOLLHEIM, KISTLER, and BREWER, Judges.

Resubmitted En Banc May 14, 2002.

DEITS, C.J.

The State Office for Services to Children and Families (SCF) appeals from judgments denying its petitions to terminate mother's and father's parental rights to their child, D. SCF argues that it presented clear and convincing evidence that mother and father are unfit and that termination is in D's best interest. ORS 419B.504; ORS 419B.500; ORS 419B.521(1). On de novo review, ORS 419A.200(5)(b), we agree...

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