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

Mother and father appeal from judgments of the trial court terminating their parental rights to four of their five children. We review de novo, ORS 419A.200, giving due weight to the trial court’s findings involving issues of credibility, because it had the opportunity to observe the witnesses firsthand. State ex rel Juv. Dept v. Geist, 310 Or 176, 194, 796 P2d 1193 (1990); State ex rel Juv. Dept. v. Boren, 105 Or App 599, 601, 806 P2d 149 (1991). We reverse.

The issue here is whether the Children’s Services Division (CSD) proved by clear and convincing evidence that mother and father are…