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EUSIQUIO v. DEPT. OF HUMAN SERVICES

08C19393; A141109.

259 P.3d 917 (2011)

243 Or. App. 100

In the Matter of the Application for Delayed Registration of Birth of Jorge Garcia-Eusiquio. Nicolaza EUSIQUIO, Petitioner-Appellant, v. STATE of Oregon, by and through the DEPARTMENT OF HUMAN SERVICES, CENTER FOR HEALTH STATISTICS, Respondent-Respondent.

Court of Appeals of Oregon, En Banc.

Decided May 25, 2011.

Attorney(s) appearing for the Case

Brenda M. Bradley argued the cause for appellant. With her on the briefs were Janice R. Morgan and Legal Aid Services of Oregon.

Linda Wicks , 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 BREWER, Chief Judge, and HASELTON, ARMSTRONG, WOLLHEIM, SCHUMAN, ORTEGA, SERCOMBE, DUNCAN, and NAKAMOTO, Judges, and ROSENBLUM, Senior Judge.

ORTEGA, J.

Petitioner appeals from a general judgment denying her petition for a court-ordered birth certificate for her minor son. ORS 432.142. On de novo review, we reverse and remand.

Petitioner, a resident of Washington State, alleges that she gave birth to her son in a migrant camp near North Plains, Oregon, on January 22, 2005. She testified that she lived at the migrant camp in North Plains with her cousin Rosaura Hernandez from November 2004...

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