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DEPT. OF HUMAN SERVICES v. M.J.

J090105; A144127.

236 P.3d 795 (2010)

236 Or. App. 373

In the Matter of A.J., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. M.J., Appellant.

Court of Appeals of Oregon.

Decided July 28, 2010.

Attorney(s) appearing for the Case

Shannon Flowers, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Appellant Division, Office of Public Defense Services.

Laura S. Anderson, 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 LANDAU, Presiding Judge, and ORTEGA, Judge, and SERCOMBE, Judge.

ORTEGA, J.

Father appeals a final order in which the juvenile court continued father's daughter, A., in the legal custody of the Department of Human Services (DHS). On appeal, the dispute concerns the applicability of the Refugee Child Welfare Act (RCWA), ORS 418.925-418.945, which imposes heightened standards in cases involving a "refugee child." Father contends that the juvenile court misconstrued ORS 418.925, which defines "refugee child," and thus erroneously...

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