DEPT. OF HUMAN SERVICES v. C.Z.

J090761; A144712 (Control); J090762; A144713.

236 P.3d 791 (2010)

236 Or. App. 436

In the Matter of K.A.M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. C.Z., Appellant. In the Matter of M.L.M., a Child. Department of Human Services, Petitioner-Respondent, v. C.Z., Appellant.

Court of Appeals of Oregon.

Decided July 28, 2010.


Attorney(s) appearing for the Case

Holly Telerant, Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Legal Services Division, Office of Public Defense Services.

Laura S. Anderson, 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 ORTEGA, Judge, and SERCOMBE, Judge.


SERCOMBE, J.

In this juvenile dependency case, the state alleged that mother's use of marijuana presented a reasonable likelihood of harm to her two children, and the juvenile court took jurisdiction over both children as to mother on that basis. Mother appeals from that juvenile court judgment and argues that the state has not established a "reasonable likelihood of harm" to the children by a preponderance of the evidence. We agree and, accordingly, reverse the judgment...

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