DEPARTMENT OF HUMAN SERVICES v. K.M.P.

10JV0056; 060211SDM; A150404.

284 P.3d 519 (2012)

251 Or. App. 268

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

Court of Appeals of Oregon.

Decided July 18, 2012.


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.

Cecil A. Reniche-Smith , Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger , Attorney General, and Anna M. Joyce , Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and NAKAMOTO, Judge.


SCHUMAN, P.J.

The juvenile court terminated mother's parental rights in her 20-month-old son after the state made a prima facie showing at a pretrial conference at which mother failed to appear. Mother subsequently filed a motion to set aside the termination judgment because her nonappearance was the result of excusable neglect. The court summarily denied her motion. Mother appeals, contending that her nonappearance was due to excusable neglect and that the...

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