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State ex rel Juv. Dept. v. Charles

Oregon Supreme Court
Jul 2, 1985
701 P.2d 1052 (Or. 1985)

Summary

dismissing petition as improvidently granted, because Court of Appeals decision rested on an independent ground and state petitioned for review on one ground only; thus, this court would be required to affirm the Court of Appeals on the issue for which review was not sought

Summary of this case from Strawn v. Farmers Insurance Company of Oregon

Opinion

TC 80,230; CA A29488; SC S31309

Argued and submitted March 5, 1985

Petition dismissed as improvidently granted July 2, 1985

In Banc

On review from the Court of Appeals.

Appeal from Circuit Court, Multnomah County. Mercedes F. Deiz, Judge. 70 Or. App. 10, 688 P.2d 1354 (1984).

Linda J. DeVries, Assistant Attorney General, Salem, argued the cause for petitioner on review. With her on the briefs were Dave Frohnmayer, Attorney General, James E. Mountain, Jr., Solicitor General, and Karen H. Green, Assistant Attorney General, Salem.

Patrick R. Berg, Lake Oswego, argued the cause for respondent on review. With him on the briefs was Buckley, Johnson, Carlson, Bolen Berg, P.C., Lake Oswego.

LeRoy W. Wilder, Portland, argued the cause for intervenor on review. With him on the brief was Hobbs, Straus, Dean Wilder, Portland.

Gary Forrester, Native American Indian Program, Oregon Legal Services, Portland, filed amicus curiae briefs on behalf of Confederated Tribes of the Umatilla Indian Reservation.


PER CURIAM

Petition dismissed as improvidently granted.



We accepted review in this case to consider the meaning of the term "qualified expert witness" as that term is used in the Indian Child Welfare Act, 25 U.S.C. § 1912(e). In addition to the Court of Appeals' interpretation of that term, its decision rested on an independent ground, the state's failure to show that remedial efforts to prevent the breakup of the family were unsuccessful. The state petitioned for review on one ground only. At oral argument, the state conceded that, regardless of this court's resolution of the issue on which review is sought, we must affirm the Court of Appeals on the issue for which review was not sought. For this reason, we do not consider the issue raised in the petition for review and dismiss this petition as improvidently granted.

Day v. SAIF, 288 Or. 77, 602 P.2d 258 (1979); Fitch v. Public Welfare Div., 279 Or. 297, 567 P.2d 117 (1977).

Petition dismissed as improvidently granted.


Summaries of

State ex rel Juv. Dept. v. Charles

Oregon Supreme Court
Jul 2, 1985
701 P.2d 1052 (Or. 1985)

dismissing petition as improvidently granted, because Court of Appeals decision rested on an independent ground and state petitioned for review on one ground only; thus, this court would be required to affirm the Court of Appeals on the issue for which review was not sought

Summary of this case from Strawn v. Farmers Insurance Company of Oregon

relying on the "to effect" language of § 1912(d), court concluded the showing under Subsection (d) need only be made during a hearing on the merits of foster care placement or parental rights termination

Summary of this case from In the Matter of G.S

declining to adopt the guidelines concerning the meaning of the term "expert witness"

Summary of this case from In re K. R. C
Case details for

State ex rel Juv. Dept. v. Charles

Case Details

Full title:In the Matter of Jade Charles, a Child. STATE ex rel JUVENILE DEPARTMENT…

Court:Oregon Supreme Court

Date published: Jul 2, 1985

Citations

701 P.2d 1052 (Or. 1985)
701 P.2d 1052

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