Court of Appeals of Oregon, 1978

State ex rel. Juvenile Department v. Hayworth

State ex rel. Juvenile Department v. Hayworth
Court of Appeals of Oregon · Decided October 16, 1978 · Buttler
36 Or. App. 577; 585 P.2d 36; 1978 Ore. App. LEXIS 1966

State ex rel. Juvenile Department v. Hayworth

Opinion of the Court

BUTTLER, J.

In her petition for reconsideration, petitioner contends that this court, in reaching its decision, considered the Children’s Services Division social file, which was excluded from evidence and was not designated as part of the record on appeal.

The Children’s Services Division social file was not a part of the record on appeal to this court, and therefore was not available to us, and was not reviewed by us. The evidence recited by us in response to petitioner’s final assignment of error (35 Or App at 167) was taken both from the testimony adduced at the hearing, and from a memorandum contained in the trial court file, which is a part of the record on appeal. There is no explanation as to why the memorandum is included in the trial court file, how it got there, or whether the trial judge relied on its contents.

However, even if we ignore "facts” taken from the memorandum, the balance of the record adduced at the hearing, and properly before us for de novo review, convinces us that the termination order was properly entered.

Petition for reconsideration denied; former opinion adhered to.

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