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STATE EX REL. DHS v. PAYNE

01-619J and 01-620J; A121954.

86 P.3d 87 (2004)

192 Or. App. 470

In the Matter of S and R, Minor Children. STATE ex rel. DEPARTMENT OF HUMAN SERVICES, Appellant, v. Sarah PAYNE, Respondent.

Court of Appeals of Oregon.

Decided March 10, 2004.

Attorney(s) appearing for the Case

Michael C. Livingston, Assistant Attorney General, argued the cause for appellant. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

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

Before EDMONDS, Presiding Judge, and SCHUMAN and ORTEGA, Judges.

SCHUMAN, J.

The state appeals the denial of its petition to terminate mother's parental rights after she failed to end her relationship with her husband, who sexually abused one of her children. We review the record de novo, ORS 419A.200(6)(b), "giving considerable weight to the findings of the trial judge who had the opportunity to observe the witnesses and their demeanor in evaluating the credibility of their testimony." State ex rel. Juv. Dept. v. Geist...

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