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STATE DEPT. OF HUMAN SERVICES v. D.T.C.

040190J, A140588 (Control); 040191J, A140591; 040192J, A140593.

219 P.3d 610 (2009)

231 Or. App. 544

In the Matter of D.A.C., a Minor Child. STATE ex rel DEPARTMENT OF HUMAN SERVICES, Respondent, v. D.T.C., Appellant. In the Matter of J.C., a Minor Child. STATE ex rel Department of Human Services, Respondent, v. D.T.C., Appellant. In the Matter of K.M.Y., a Minor Child. STATE ex rel Department of Human Services, Respondent, v. D.T.C., Appellant.

Court of Appeals of Oregon.

Decided October 28, 2009.

Attorney(s) appearing for the Case

Shannon L. Flowers, Deputy Public Defender, argued the cause for appellant. On the brief were Peter Gartlan, Chief Defender, and Holly Telerant, Deputy Public Defender, Appellate Division, Office of Public Defense Services.

Stacey RJ Guise, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before LANDAU, Presiding Judge, and SCHUMAN, Judge, and ORTEGA, Judge.

SCHUMAN, J.

Father appeals a judgment of the juvenile court taking jurisdiction over his three children. He argues that the state failed to prove by a preponderance of the evidence that any of the children's "condition or circumstances are such as to endanger [their] welfare," the statutory basis for jurisdiction alleged in the state's dependency petition. ORS 419B.100(1)(c); ORS 419B.809. On de novo review, ORS 419A.200(6)(b), we agree with father that the...

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