State v. Gambone

Defendant was convicted of custodial interference in the second degree. ORS 163.245. She appeals, contending that the trial court erred in finding that Children’s Services Division (CSD) was a “lawful custodian” under ORS 419.569. She also argues that, when she took the children, she was unaware that she had no right to do so.1 We affirm.

CSD placed defendant’s children in protective custody after receiving a report that her eight-year-old daughter had been abused by her father. Because defendant indicated to CSD that she was aware of the abuse, but was unwilling to prevent the father from…