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State ex rel. Juvenile Department v. Rodriguez

Citations: 58 Or. App. 531; 648 P.2d 1360Docket: No. 1232 & 1238 CA A21863

Court: Court of Appeals of Oregon; August 11, 1982; Oregon; State Appellate Court

Narrative Opinion Summary

The appellant has filed a petition for reconsideration regarding the affirmation of the termination of his parental rights. He argues that the state failed to provide clear and convincing evidence to support the allegations, referencing the standard set forth in Santosky v. Kramer. After granting the petition, the court reexamined the record, considering the precedent established in State ex rel Juv. Dept. v. Farrell, and ultimately decided to uphold its original ruling.

Legal Issues Addressed

Reconsideration of Judicial Decisions

Application: The court granted the petition for reconsideration, allowing for a reexamination of the record in light of relevant precedents.

Reasoning: After granting the petition, the court reexamined the record, considering the precedent established in State ex rel Juv. Dept. v. Farrell, and ultimately decided to uphold its original ruling.

Standard of Proof in Termination of Parental Rights

Application: The court examined whether the state met the required standard of 'clear and convincing evidence' to justify the termination of parental rights.

Reasoning: He argues that the state failed to provide clear and convincing evidence to support the allegations, referencing the standard set forth in Santosky v. Kramer.