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DEPARTMENT OF HUMAN SERVICES v. S.M.

(CC J110590, J110591, J110592, J110593, J110594, J110595, J110596, J011597; CA A151376 (Control); SC S061386 (Control)).

323 P.3d 947 (2014)

355 Or. 241

In the Matter of M.M., L.M., O.M., L.M., J.M., P.M., N.M., and J.M., Children. DEPARTMENT OF HUMAN SERVICES, Respondent on Review, v. S.M. and R.M., Petitioners on Review.

Supreme Court of Oregon.

Decided April 24, 2014.

Attorney(s) appearing for the Case

Kimberlee Petrie Volm , Deputy Public Defender, Salem, argued the cause and filed the brief for petitioners on review. With her on the brief were Peter Gartlan , Chief Defender, and Sarah Peterson , Deputy Public Defender.

Michael A. Casper , Deputy Solicitor General, Salem, argued the cause and filed the brief for respondent on review. With him on the brief were Ellen F. Rosenblum , Attorney General, and Anna Joyce , Solicitor General.

Before BALMER, Chief Justice, and KISTLER, WALTERS, LINDER, LANDAU, and BALDWIN, Justices.

KISTLER, J.

The juvenile court took jurisdiction over parents' children and appointed the Department of Human Services (DHS) as the children's legal custodian and guardian while the children were wards of the court. The question that this case presents is whether the legislature gave DHS, in its capacity as either the children's custodian or their guardian, authority to have the children immunized against common childhood diseases. Both the trial court and the Court...

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