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In re A.T.

Court of Appeals of Oregon.
Apr 25, 2012
249 Or. App. 525 (Or. Ct. App. 2012)

Opinion

06JV0083 Petition Number 022211AT; A149908 (Control); A150490.

2012-04-25

In the Matter of A.T., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner–Respondent, v. L.B.T., Appellant. In the Matter of A.C.T., a Child. Department of Human Services, Petitioner–Respondent, v. L.B.T., Appellant.

Coos County Circuit Court. Richard L. Barron, Judge. Peter Gartlan, Chief Defender, and Holly Telerant, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant. John R. Kroger, Attorney General, Anna M. Joyce, Solicitor General, and Jeff J. Payne, Assistant Attorney General, filed the brief for respondent.


Coos County Circuit Court.
Richard L. Barron, Judge.
Peter Gartlan, Chief Defender, and Holly Telerant, Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant. John R. Kroger, Attorney General, Anna M. Joyce, Solicitor General, and Jeff J. Payne, Assistant Attorney General, filed the brief for respondent.
Before ORTEGA, Presiding Judge, and SERCOMBE, Judge, and HADLOCK, Judge.

PER CURIAM.

In this dependency case, mother appeals a judgment changing the permanency plan for her child from reunification to adoption. She contends that the juvenile court erred in failing to “include on the face of the judgment its determination of whether there was any reason under ORS 419B.498(2) to defer the filing of a petition to terminate mother's parental rights, as required by ORS 419B.476(5)(d).” The state concedes that the permanency judgment does not include the findings required pursuant to ORS 419B.476(5)(d) and that the case must, therefore, be reversed and remanded. See State ex rel. Juv. Dept. v. J.F.B., 230 Or.App. 106, 115, 214 P.3d 827 (2009) (permanency judgments that failed to include statutorily required findings were defective on their face); State ex rel. DHS v. M.A., 227 Or.App. 172, 181–82, 205 P.3d 36 (2009) (reversing and remanding permanency judgments that did not include required findings). We agree and accept the state's concession.

Because we accept the state's concession and reverse and remand with respect to mother's fourth assignment of error, we do not address her remaining assignments of error.

Reversed and remanded.




Summaries of

In re A.T.

Court of Appeals of Oregon.
Apr 25, 2012
249 Or. App. 525 (Or. Ct. App. 2012)
Case details for

In re A.T.

Case Details

Full title:In the Matter of A.T., a Child. DEPARTMENT OF HUMAN SERVICES…

Court:Court of Appeals of Oregon.

Date published: Apr 25, 2012

Citations

249 Or. App. 525 (Or. Ct. App. 2012)
276 P.3d 284

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