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VIER v. SOSCF

(CA A104361)

977 P.2d 425 (1999)

159 Or. App. 369

Sara VIER, a minor, by and through her Guardian Ad Litem, Karen S. TORRY, Petitioner, v. STATE OFFICE FOR SERVICES TO CHILDREN AND FAMILIES, Respondent.

Court of Appeals of Oregon.

Decided March 31, 1999.

Attorney(s) appearing for the Case

Angela Sherbo, Portland, argued the cause and filed the brief for petitioner.

Mary H. Williams, Assistant Solicitor General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before De MUNIZ, Presiding Judge, and DEITS, Chief Judge, and HASELTON, Judge.

DEITS, C.J.

Petitioner challenges the validity of a number of temporary rules adopted by the State Office for Services to Children and Families (SCF). ORS 183.400(4)(c). Petitioner argues that the rules are invalid because they were not adopted in compliance with applicable rulemaking procedures. We affirm.

In 1997, the Oregon legislature adopted ORS 419B.192, which governs the placement of children by SCF. That statute provides:

"(1) If the court...

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