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State ex rel Juv. Dept. of Marion Cty. v. Henry

Oregon Court of Appeals
Apr 16, 1986
717 P.2d 253 (Or. Ct. App. 1986)

Opinion

JUV 24,556; CA A37629

Submitted on record and brief March 28, 1986.

Reversed and remanded April 16, 1986.

Appeal from Circuit Court, Marion County, Albin W. Norblad, Judge.

James J. Macafee, Salem, filed the brief for appellant.

Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, and Linda DeVries Grimm, Assistant Attorney General, Salem, filed the brief for respondent.

Before Richardson, Presiding Judge, Joseph, Chief Judge, and Newman, Judge.


PER CURIAM

Reversed and remanded.


The mother of Teresa Olson appeals a decree of emancipation issued pursuant to ORS 109.565. She contends that the court did not hold a second hearing as required by ORS 109.560. Respondent concedes that the court erred. When a petition for emancipation is filed under ORS 109.555, the court is required to hold a preliminary hearing within 10 days of the date of the petition. ORS 109.560(1). A second and final hearing must be held no later than 60 days after the petition is filed. ORS 109.560(2). The court essentially consolidated the two hearings over the objections of the mother. We agree that the court erred.

Reversed and remanded.


Summaries of

State ex rel Juv. Dept. of Marion Cty. v. Henry

Oregon Court of Appeals
Apr 16, 1986
717 P.2d 253 (Or. Ct. App. 1986)
Case details for

State ex rel Juv. Dept. of Marion Cty. v. Henry

Case Details

Full title:In the Matter of the Emancipation of Teresa Olson, a Child. STATE ex rel…

Court:Oregon Court of Appeals

Date published: Apr 16, 1986

Citations

717 P.2d 253 (Or. Ct. App. 1986)
717 P.2d 253