STATE EX REL. DHS v. SMITH

(CC 01J0049, 02J0938; CA A119798, A121395; SC S51293, S51339).

106 P.3d 627 (2005)

338 Or. 58

In the Matter of Robert James Jon Smith, a Minor Child. STATE ex rel. DEPARTMENT OF HUMAN SERVICES, Respondent on Review, v. Diana Marie SMITH, Petitioner on Review. In the Matter of Jon Bow Robert Michael Lea Smith, a Minor Child. State ex rel. Department of Human Services, Respondent on Review, v. Diana Marie Smith, Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided February 17, 2005.


Attorney(s) appearing for the Case

Maryhelen Sherrett, Portland, argued the cause and filed the petitions for petitioner on review.

Laura S. Anderson, Assistant Attorney General, Salem, argued the cause for respondent on review.


GILLETTE, J.

These two parental rights termination cases, which we have consolidated for opinion, test the bounds of a state agency's authority to exact a parent's compliance with various conditions in order to secure the return of her child. In the present cases, we hold that the agency exceeded those bounds.

The trial court terminated mother's parental rights to her first son, whom the state had removed from mother...

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