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STATE EX REL DHS v. RUELAS-REYES

00J0839; A123308.

95 P.3d 733 (2004)

194 Or.App. 393

In the Matter of Fey Ruelas-Tuttle, a Minor Child. STATE ex rel DEPARTMENT OF HUMAN SERVICES, Respondent, v. Jose Jaime RUELAS-REYES, Appellant.

Court of Appeals of Oregon.

Decided August 4, 2004.

Attorney(s) appearing for the Case

Phillip Wiseman, Salem, argued the cause and filed the brief for appellant.

Ryan Kahn, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and LINDER and ORTEGA, Judges.

HASELTON, P.J.

Father appeals from a judgment terminating his parental rights to his three-year-old daughter, F. ORS 419B.500 (2001).1 On de novo review, ORS 419A.200(6)(b) (2001), we determine that the Department of Human Services (DHS) failed to prove by clear and convincing evidence either that father was unfit, ORS 419B.504 (2001), or that father had neglected F, ORS 419B.506 (2001). Accordingly, we reverse.

Father,...

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