Dept. of Human Services v. C. L.

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FILED: December 21, 2011 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of M. M., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. C. L., Appellant. Petition Number 080057JA Jackson County Circuit Court 080057J A148903 Lisa C. Greif, Judge. Submitted on November 30, 2011. Peter Gartlan, Chief Defender, and Mary Shannon Storey, Senior Deputy Public Defender, Appellate Division, Office of Public Defense Services, filed the brief for appellant. John R. Kroger, Attorney General, Anna M. Joyce, Solicitor General, and Justice J. Rillera, Assistant Attorney General, filed the brief for respondent. Before Schuman, Presiding Judge, and Armstrong, Judge, and Nakamoto, Judge. PER CURIAM Reversed and remanded. 1 PER CURIAM 2 Father appeals a permanency judgment changing the case plan from 3 reunification to adoption. He argues, among other contentions, that the juvenile court 4 erred in failing to make and include in the judgment the statutorily required findings. 5 ORS 419B.476(5)(d). The Department of Human Services concedes that the judgment is 6 deficient and should be remanded in order for the juvenile court to comply with ORS 7 419B.476(5). See State ex rel Juv. Dept. v. J. F. B., 230 Or App 106, 115, 214 P3d 827 8 (2009) (remanding for juvenile court to enter judgments that comply with ORS 9 419B.476). We agree with and accept the concession. Given our remand, we do not 10 reach the other issues father raises on appeal. See J. F. B., 230 Or App at 118 ("The other 11 issues raised by mother on appeal are premature at this time."). 12 Reversed and remanded. 1

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