IN RE V.N.W.

(CC 098109J1, 098109J2; CA A147584; S.C. S059950).

292 P.3d 548 (2012)

353 Or. 25

In the Matter of V.N.W. and C.A.W., Children. Department of Human Services, Respondent on Review, v. G.D.W., Petitioner on Review.

Supreme Court of Oregon, En Banc.

Decided December 13, 2012.


Attorney(s) appearing for the Case

Angela Sherbo , Youth, Rights and Justice, Portland, argued the cause and filed the briefs for petitioner on review.

Inge D. Wells , Senior Assistant Attorney General, Salem, argued the cause for respondent on review. With her on the brief were Ellen Rosenblulm , Attorney General, and Anna M. Joyce , Solicitor General.

Margaret McWilliams , Sisters, filed a brief on behalf of amici curiae Oregon Law Professors ( Leslie Harris , Carrie Leonetti , and Tom Lininger ).


DE MUNIZ, J.

In this juvenile dependency proceeding, a father was found by the court to have subjected one of his children to sexual abuse. Although the child was unavailable to testify at the proceedings, the juvenile court admitted into evidence child's out-of-court statements. Father contends that the juvenile court's theory for admitting the statements — that they were the statements of a party-opponent and, therefore, not hearsay — betrayed a fundamental...

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