State ex rel. Children's Services Division. v. Payne

I dissent from the court’s denial of review in this case. The opinion of the Court of Appeals contains three erroneous statements of the law that applies to termination of parental rights, statements that demonstrate a failure to appreciate both the overall statutory scheme and its application to this case.

The first fundamental error made by the Court of Appeals is the statement that “abandonment,” as that term is used in ORS 419B.508,1 was a basis for the trial court’s decision in this case. State ex rel CSD v. Payne, 136 Or App 186, 199, 901 P2d 863 (1995). That simply is not accurate. The…