State Ex Rel. Juvenile Department v. Lauffenberger

In our original opinion, State ex rel Juv. Dept. v. Lauffenberger, 88 Or App 642, 746 P2d 259 (1987), we erroneously relied on a standard of the “best interests of the child.” The majority, on reconsideration, continues that error. It erroneously asserts that because the child is a ward of the juvenile court, the Supreme Court’s decision in Hruby and Hruby, 304 Or 500, 748 P2d 57 (1987), does not apply.1 Under Hruby, in a dispute between the natural father and the maternal grandparents, the court should give custody to the natural father, even though the child is a ward of the court, absent a…