DEPT. OF HUMAN SERVICES v. B.A.S.

9700237JV3, 9700237JV4, 9700237JV5; Petition Numbers 0600167M, 0600168M; A141515 (Control); A142307.

221 P.3d 806 (2009)

232 Or. App. 245

In the Matter of K.A.S., K.P.S., and J.C.S., III, Minor Children. DEPARTMENT OF HUMAN SERVICES, Respondent, v. B.A.S., fka B.S.; and J.S., Appellants. In the Matter of K.A.S., K.P.S., and J.C.S., III, Minor Children. Department of Human Services, Petitioner-Respondent, v. J.S., Appellant.

Court of Appeals of Oregon.

Decided November 25, 2009.


Attorney(s) appearing for the Case

Megan L. Jacquot argued the cause and filed the brief for appellant J.S.

Daniel J. Casey argued the cause and filed the brief for appellant B.A.S.

Inge Wells, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

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


ARMSTRONG, J.

In this consolidated appeal, mother and father (parents) appeal the juvenile court's denial of their motions under ORS 419B.923 to set aside a judgment terminating their parental rights to their three children. The state has filed a motion to dismiss the appeal as moot under ORS 419B.923(3), given the intervening adoption of the children. Parents oppose the state's motion, arguing that application of ORS 419B.923(3) in this case violates procedural due...

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