Dept. of Human Services v. V. W.
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FILED: August 17, 2011 IN THE COURT OF APPEALS OF THE STATE OF OREGON In the Matter of A. B. L. W., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. V. W., Appellant. Lane County Circuit Court 08141J Petition Number 08141J02 A147763 Charles D. Carlson, Judge. Argued and submitted on July 11, 2011. Megan Jacquot argued the cause and filed the brief for appellant. Cecil Reniche-Smith, Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Mary H. Williams, Solicitor General. Before Schuman, Presiding Judge, and Wollheim, Judge, and Sercombe, Judge. PER CURIAM Affirmed. 1 PER CURIAM 2 Mother appeals from a judgment terminating her parental rights in her 3 child, A. The judgment specifies several findings on which the decision is based, 4 including a finding that "mother abandoned" the child. The parties agree that the state 5 did not prove abandonment. We agree as well. However, we also conclude that the state 6 proved the other allegations by clear and convincing evidence. We therefore affirm the 7 judgment, but note that our decision is not based on any allegation of abandonment. See 8 Dept. of Human Services v. B. J. B., 242 Or App 534, ___ P3d ____ (2011) (holding that 9 if the disposition of a termination of parental rights case is "based on some but not all of 10 the allegations in a petition * * *, we will, if appropriate, specify any allegations that play 11 no part in our disposition"). 12 Affirmed. 1
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