LUFKIN v. DEPT. OF HUMAN SERVICES

A169713.

499 P.3d 833 (2021)

314 Or. App. 296

Ryan LUFKIN and Erin Fitzgerald, Petitioners, v. DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Oregon.

September 9, 2021.


Attorney(s) appearing for the Case

Ryan Lufkin argued the cause for petitioners. Also on the briefs was Erin K. Fitzgerald . Also on the reply and supplemental briefs was Case & Dusterhoff, LLP.

Denise Fjordbeck , Assistant Attorney General, argued the cause for respondent. On the brief were Ellen F. Rosenblum , Attorney General, Benjamin Gutman , Solicitor General, and Judy C. Lucas , Assistant Attorney General.

Before Lagesen, Presiding Judge, and James, Judge, and Powers, Judge.


This is a petition for judicial review from a Department of Human Services (DHS) decision that denied petitioners the right to appeal a Child and Adolescent Needs and Strengths (CANS) assessment. DHS determined that petitioners had waived their right to appeal the CANS assessment upon entering into an Adoptive Assistance (AA) Agreement...

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