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APPLICATION OF SHREWSBURY

No. JC 67,629; CA A20307, No. JC 63,468; CA A20309.

627 P.2d 910 (1981)

52 Or.App. 81

In the matter of the APPLICATION OF Tracee SHREWSBURY, a Child. In the matter of the Application of Tracee Shrewsbury for a Writ of Habeas Corpus. Tracee Shrewsbury, Respondent, v. Joyce Larson, Children's Services Division Caseworker, and Children's Services Division, Individually, Appellants. In the matter of Mollie Ann Russell, a Child. In the matter of the Application of Mollie Ann Russell for a Writ of Habeas Corpus. Mollie Ann Russell, Respondent, v. Barry Ball, Children's Services Division Caseworker, and Children's Services Division, Individually, Appellants.

Court of Appeals of Oregon.

Decided May 5, 1981.

Attorney(s) appearing for the Case

Dave Frohnmayer, Atty. Gen., Salem, argued the cause for appellants. With him on brief were John R. McCulloch, Jr., Sol. Gen., William F. Gary, Deputy Sol. Gen., James E. Mountain, Jr., Asst. Atty. Gen., and Virginia L. Linder, Asst. Atty. Gen., Salem.

Jenny M. Cooke, Portland, argued the cause and filed brief for respondents.

Susan M. Svetkey, Julie H. McFarlane and Alan Baily, Portland, filed a brief amicus curiae for Juvenile Rights Project of Oregon Legal Services.

Elizabeth Welch and Doblie, Francesconi & Welch, P.C., Portland, filed a brief amicus curiae for Rosemont School, Inc.

Before JOSEPH, C.J., and BUTTLER and GILLETTE, JJ.

BUTTLER, Judge.

In these two consolidated cases, which were brought as proceedings in habeas corpus, defendants appeal the trial court orders directing removal of the juvenile petitioners from Rosemont School (Rosemont) on the ground that the school is a "private institution operated as a training school for children requiring secure custody" and that, as such, placement by Children's Services Division (CSD) in that school was not authorized by law. ORS 419.509(1...

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