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IN RE B.O.

No. 104,544.

177 P.3d 584 (2008)

2008 OK CIV APP 12

In the Matter of B.O., State of Oklahoma, Respondent/Appellant, v. James and Margaret Poteet, Petitioners/Appellees.

Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 3. Court of Civil Appeals of Oklahoma, Division No. 3.

Rehearing Denied October 31, 2007.

Certiorari Denied January 28, 2008.

Attorney(s) appearing for the Case

Jane A. Brown, Assistant District Attorney, Oklahoma County, Oklahoma City, OK, for Respondent/Appellant.

R. Kevin Butler, Denker & Butler, P.L.L.C., Oklahoma City, OK, for Petitioners/Appellees.

Robert Ravitz, Oklahoma County Public Defender, William R. Hauser, Assistant Public Defender, Oklahoma City, OK, Amicus Curiae Brief for Child.

BAY MITCHELL, Vice Chief Judge.

¶ 1 The State of Oklahoma appeals a district court order allowing the continued placement of the minor, B.O., with his foster parents pending their adoption of him.1 B.O.'s grandmother also sought custody and the right to adopt B.O. The issue in this appeal is whether the court erred in selecting Foster Parents over Grandmother for custody and adoption of B.O.2

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