Opinion
No. 1232 1238 CA A21863
On appellant's reconsideration filed April 12, 1982.
Former opinion filed March 15 ( 56 Or. App. 592, 643 P.2d 424) adhered to August 11, 1982.
Appeal from Circuit Court, Grant County, Walter I. Edmonds, Jr., Judge.
Mike Kilpatrick, and Kilpatricks Pope, Mt. Vernon, for petition.
Dave Frohnmayer, Attorney General, William F. Gary, Solicitor General, and Daryl Dodson Wilson, Assistant Attorney General, Salem, contra.
Before Richardson, Presiding Judge, and Thornton and Van Hoomissen, Judges.
PER CURIAM.
Petition for reconsideration allowed. Former opinion adhered to.
Appellant petitions for reconsideration of our decision affirming the termination of his parental rights. State ex rel Juv. Dept. v. Rodriguez, 56 Or. App. 592, 643 P.2d 424 (1982). He contends the state did not prove the allegations by clear and convincing evidence as required by Santosky v. Kramer, 455 U.S. 745, 102 S Ct 1388, 71 L Ed 2d 599 (1982). The petition for reconsideration is granted. We have reexamined the record in light of State ex rel Juv. Dept. v. Farrell, 55 Or. App. 897, 640 P.2d 652, rem'd 292 Or. 822, modified 58 Or. App. 258, 648 P.2d 401 (1982), and adhere to our prior decision.