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Dept. of Human Services v. I.S.

____ Or App _____

March 26, 2014

Klamath County


DHS alleged that Father was unable to legally protect his 12 and 13 year old children and that created a threat of harm. Mother had a long history of substance abuse, but also periods of sobriety. When Mother used substances, Father would remove the children from her care. Mother would occasionally get mad at Father for taking the children, but she never interfered with him caring for them. The court found that DHS failed to present evidence that the fact that Father lacked a custody order would place the children in threat of harm. Further, the court stated that the alleged harm was to speculative and the state failed to prove that at time time of the trial a there was a current threat of serious loss or injury that was likely to be realized.

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