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MIDDLETON v. DEPT. OF HUMAN SERVICES

06C14565; A135488.

183 P.3d 1041 (2008)

219 Or. App. 458

Clarinda MIDDLETON and Bill Middleton, Petitioners-Respondents, v. DEPARTMENT OF HUMAN SERVICES, Respondent-Appellant, and Michelle Hemphill and Brian Hemphill, Intervenors.

Court of Appeals of Oregon.

Decided April 23, 2008.

Attorney(s) appearing for the Case

Judy C. Lucas, Senior Assistant Attorney General, argued the cause for appellant. With her 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 respondents.

Mark Johnson, Portland, argued the cause for intervenors. With him on the brief was Johnson Renshaw & Lechman-Su PC.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

HASELTON, P.J.

The Department of Human Services (DHS) appeals, challenging the circuit court's judgment setting aside DHS's order in an "other than contested case" proceeding. ORS 183.484(1). In that order, DHS determined the adoptive placement of a child, A; specifically, DHS determined that A should be placed for adoption with intervenors, the Hemphills, who had been A's foster parents since he first came into DHS's care as an infant, instead of respondents, the...

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