Opinion
No. 9292, CA 19508
Submitted on remand from the Oregon Supreme Court May 14, 1982.
Affirmed September 8, 1982.
Appeal from Circuit Court, Coos County, Richard L. Barron, Judge.
William D. Dials, Charleston, argued the cause and filed the brief for appellant.
Jan Peter Londahl, Assistant Attorney General, Salem, argued the cause for respondent. On the brief were Dave Frohnmayer, Attorney General, William F. Gary, Solicitor General, and James C. Rhodes, Assistant Attorney General, Salem.
Before Richardson, Presiding Judge, and Thornton and Van Hoomissen, Judges.
PER CURIAM.
Affirmed.
This appeal by the mother from a judgment terminating her parental rights in her child is here for the second time. We previously affirmed the judgment. 54 Or. App. 779, 642 P.2d 704 (1981). The Supreme Court allowed mother's petition for review and remanded the case to us for reconsideration in light of Santosky v. Kramer, 455 U.S. 745, 102 S Ct 1388, 71 L Ed 2d 599 (1982). See also State ex rel Juv. Dept. v. Farrell, 292 Or. 822, 642 P.2d 1167 (1982).
On remand in State ex rel Juv. Dept. v. Farrell, 58 Or. App. 258, 648 P.2d 401 (1982), we held that ORS 419.525(2) was unconstitutional insofar as it allowed termination of parental rights by applying a preponderance of the evidence standard of proof. We have reexamined the record in light of the appropriate burden of proof on de novo review and adhere to our original decision affirming the judgment terminating mother's parental rights.
Affirmed.