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STATE EX REL. DEPT. OF HUMAN SERVS. v. A.C.

J060447; 06135JTM, A139628.

209 P.3d 328 (2009)

228 Or. App. 403

In the Matter of C.M.W.W., a Minor Child. STATE ex rel DEPARTMENT OF HUMAN SERVICES, Appellant, v. A.C., aka A.L.C.; and C.M.W.W., aka C.M.W.W., Respondents.

Court of Appeals of Oregon.

Decided May 20, 2009.

Attorney(s) appearing for the Case

Inge D. Wells, 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.

Nancy Maria Brady argued the cause for respondent A.C.

Shannon Flowers, Deputy Public Defender, argued the cause for respondent C.M.W.W. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Before EDMONDS, Presiding Judge, and ARMSTRONG, Judge, and WOLLHEIM, Judge.

EDMONDS, P.J.

The state appeals a judgment dismissing its petition to terminate mother's parental rights to her two-year-old son, who has been in foster care since his birth, on the basis of unfitness under ORS 419B.504. On de novo review, we affirm.

The outcome of this case turns on whether the circumstances that the state relies on to prove the statutory elements of ORS 419B.504 as of the date of the hearing in this case (March 17-18, 2008, and May...

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