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STATE EX REL. JUV. DEPT. v. F.W.

9005813791 and 9207825133; 21372 and 103573; A136575 (Control) and A136579.

180 P.3d 69 (2008)

218 Or. App. 436

In the Matter of F.(F.)W., a Minor Child. STATE ex rel. JUVENILE DEPARTMENT OF MULTNOMAH COUNTY, Appellant, v. F.W., D.F., and F.(F.)W., Respondents. In the Matter of E.W., a Minor Child. State ex rel. Juvenile Department of Multnomah County, Appellant, v. F.W., D.F., and E.W., Respondents.

Court of Appeals of Oregon.

Decided March 19, 2008.

Attorney(s) appearing for the Case

Laura S. Anderson, Senior Assistant Attorney General, argued the cause for appellant. With her on the brief were Hardy Myers, Attorney General, Mary H. Williams, Solicitor General, and Heather A. Vogelsong, Assistant Attorney General.

Patrick M. Ebbett argued the cause for respondent F.W. With him on the brief was Chilton, Ebbett & Galli, LLC.

Lea Ann Easton argued the cause for respondents E.W. and F.(F.)W. With her on the brief was Law Office of Craig Dorsay.

No appearance for respondent D.F.

Before SERCOMBE, Presiding Judge, and BREWER, Chief Judge, and DEITS, Judge pro tempore.

BREWER, C.J.

The state appeals and the children cross-appeal from judgments dismissing the state's petition to terminate father's parental rights to the child E, and the child F's amended petition to terminate father's rights with respect to F. The state and the children assert that the court erred in failing to terminate father's rights under ORS 419B.504 on the ground of unfitness. On de novo review, ORS 419A.200(6)(b), we reverse.

Father, who was...

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