Department of Human Services v. B. B.

Respondent Department of Human Services (DHS) petitions for reconsideration of our opinion in Dept. of Human Services v. B. B., 248 Or App 715, 274 P3d 242 (2012). DHS contends that we misconstrued ORAP 5.40(8) when we exercised our discretion to review the facts de novo despite the fact that the parties did not request that we do so. DHS requests that we instead issue a decision that applies an “any evidence” standard of review to the juvenile court’s findings of historical fact. We allow the petition for reconsideration but adhere to our decision that, pursuant to ORS 19.415(3)(b), we,…