State ex rel. Juvenile Department v. McDaniel

The state appeals from the trial court’s order denying its petition to terminate the father’s parental rights.1

We review the facts de novo on the record, ORS 419.561(4), 19.125(3), giving due regard to the findings of the trial court, which had the opportunity to observe the witnesses. State ex rel Juv. Dept. v. Maves, 33 Or App 411, 576 P2d 826 (1978).

The petition alleged that the father’s parental rights should be terminated under ORS 419.523(2) and (3).2 We observe at the outset that, at the hearing on *69the petition, the father’s attorney conceded that if the child’s best interests were the…