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DEPT. OF HUMAN SERVICES v. A.F.

0900299JV1, 0900299JV2, 0900299JV3; 1000146M; A147231.

259 P.3d 957 (2011)

243 Or. App. 379

In the Matter of T.F.; K.F.; and R.F., Children. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. A.F., Appellant.

Court of Appeals of Oregon.

Decided June 8, 2011.

Attorney(s) appearing for the Case

Mary Shannon Storey, Senior Deputy Public Defender, argued the cause for appellant. With her on the brief was Peter Gartlan, Chief Defender, Office of Public Defense Services.

Inge D. Wells, Senior Assistant Attorney General, argued the cause for respondent. On the brief were John R. Kroger, Attorney General, Mary H. Williams, Solicitor General, and Kristen G. Williams, Assistant Attorney General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and DUNCAN, Judge.

DUNCAN, J.

The juvenile court took jurisdiction over father's children, pursuant to ORS 419B.100(1)(c), on the ground that father's possession of pornography, including child pornography, endangered the children's welfare. Father appeals, arguing that the state failed to prove that his possession of pornography endangered the children's welfare. We agree and, accordingly, reverse.

We begin with the facts, which we state consistently with the juvenile court...

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