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DEPARTMENT OF HUMAN SERVICES v. S.P.

JV110070; JV110070A; A149250.

275 P.3d 979 (2012)

249 Or. App. 76

In the Matter of K.P., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. S.P., Appellant.

Court of Appeals of Oregon.

Decided March 28, 2012.

Attorney(s) appearing for the Case

Erin K. Galli argued the cause for appellant. With her on the brief was Chilton & Galli, LLC.

Christina M. Hutchins , Senior Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger , Attorney General, Anna M. Joyce , Solicitor General, and Laura S. Anderson , Senior Assistant Attorney General.

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

ARMSTRONG, J.

In this dependency case, the juvenile court asserted jurisdiction over parents' newborn child, K, on the basis that parents have conditions that prevent them from safely parenting the child. See ORS 419B.100(1)(c) (set out below).1 Mother appeals from the jurisdictional judgment, arguing that (1) the court plainly erred in relying on two allegations as to father that "unfairly shifted the burden of production to father...

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