STATE EX REL. JUVENILE DEPT. v. SPENCER

9106-817682; A118483.

108 P.3d 1189 (2005)

198 Or. App. 599

In the Matter of Michael Spencer, a Minor Child. STATE ex rel. JUVENILE DEPARTMENT OF MULTNOMAH COUNTY, Appellant, v. Michael SPENCER, Respondent.

Court of Appeals of Oregon.

Decided March 30, 2005.


Attorney(s) appearing for the Case

Christina M. Hutchins, Assistant Attorney General, argued the cause for appellant. With her on the briefs were Mary H. Williams, Solicitor General, and Hardy Myers, Attorney General.

Peter Miller argued the cause and filed the brief for respondent.

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


LINDER, J.

This is an appeal from a preadjudicatory order of the juvenile court in which the juvenile court ordered that youth's psychotherapy records and his psychotherapist's testimony be excluded from evidence at his delinquency proceeding. ORS 419C.005; ORS 419A.208(1)(c). We reverse.

In September 2001, youth was living in a foster home with the victim, a foster child under the age of 14. The victim told his foster mother that youth had orally sodomized...

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