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DEPARTMENT OF HUMAN SERVICES v. I.S.

Nos. 0400120JV3, 1300235M, A155214 (Control), 0400120JV2, A155215.

324 P.3d 486 (2014)

261 Or. App. 731

In the Matter of J.S., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. I.S., Appellant. In the Matter of B.S., a Child. Department of Human Services, Petitioner-Respondent, v. I.S., Appellant.

Court of Appeals of Oregon.

Decided March 26, 2014.

Attorney(s) appearing for the Case

Peter Gartlan , Chief Defender, and Shannon Storey , Senior Deputy Public Defender, Office of Public Defense Services, filed the brief for appellant.

Ellen F. Rosenblum , Attorney General, Anna M. Joyce , Solicitor General, and Erin K. Galli , Senior Assistant Attorney General, filed the brief for respondent.

Before ARMSTRONG, Presiding Judge, and NAKAMOTO, Judge, and EGAN, Judge.

NAKAMOTO, J.

In this consolidated juvenile dependency appeal, father appeals a judgment finding jurisdiction over his two children under ORS 419B.100(1)(c), on the basis that father had done nothing to assert legal custody of his children despite his awareness that mother could not safely parent them. On appeal, father argues that the Department of Human Services (DHS) was required to prove that father's lack of a custody order exposed the children to a risk of serious...

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