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STATE v. S.T.S.

090315J; Petition Number 090315JA; A143524 (Control); 090380J; Petition Number 090380JA; A143525.

238 P.3d 53 (2010)

236 Or. App. 646

In the Matter of R.T.S., a Child. STATE of Oregon, Petitioner-Respondent, v. S.T.S., Appellant. In the Matter of K.R.S., a Child. State of Oregon, Petitioner-Respondent, v. S.T.S., Appellant.

Court of Appeals of Oregon.

On Respondent's Motion to Dismiss July 6, 2010.

Appellant's Response to Motion to Dismiss July 13, 2010.

Decided August 18, 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, Appellate Division, Office of Public Defense Services.

Jeff J. Payne, Assistant Attorney General, argued the cause for respondent. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

LANDAU, P.J.

In this juvenile dependency case, the state alleged that father's domestic violence against mother presented a reasonable likelihood of harm to the couple's two children, and the juvenile court took jurisdiction over both children as to father on that basis. Father challenges the court's finding of jurisdiction, arguing that the state failed to prove that his conduct presented a current risk of harm to either of the children. After the case was...

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