Appeal from Circuit Court, Lane County. F. Gordon Cottrell, Judge. No. 10,282.
Theodore Kulongoski, Eugene, argued the cause for appellant. On the brief was Roy Dwyer, Eugene.
Al J. Laue, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Lee Johnson, Attorney General, and John W. Osburn, Solicitor General, Salem.
Thornton, Judge. Schwab, Chief Judge, and Foley, Judge.
The sole question presented is whether the juvenile court erred in finding jurisdiction of two of the three minor children of respondent Phyllis Guier and declaring them wards of the court. ORS 419.476(1)(e).
The essential facts involved are as follows: Mrs. Guier is the mother of three minor children, Phyllis Celaya, aged 8, Danielle Celaya, aged 5, and Jessie Bea Dimick, aged 2. At the time these proceedings were initiated respondent and her husband, stepfather of the children, were both employed. All reside in Springfield. The natural father of the two children who were made wards of the court resides in California.
When the Guiers' regular babysitter moved out of town, two friends of the couple, the Rev. Mr. and Mrs. Isaac Reed, also of Springfield, volunteered to babysit the three children in the Reed home while the Guiers were at work, and until Mrs. Guier could arrange for a permanent babysitter. Mrs. Guier had known the Reeds for more than two years and had lived in their home with her children for a portion of that time. All attended the same church.
On May 3, 1972, about 5:30 p.m., the second day that the three minor children were in the temporary custody of the Reeds, the two older children, Phyllis and Danielle, ran away and across Main Street, a busy
thoroughfare, were called back, and after their return were spanked with a belt by Mrs. Reed. When they reached the house Mr. Reed continued the spanking with a stick.
When Mrs. Guier returned home from work about midnight to take the children home, the Reeds informed her of the spanking and reason for it. The children were wearing long pajamas and the mother observed marks on the legs only.
The next morning the girls dressed themselves. They expressed no discomforts. After breakfast the oldest girl went to school. After being in school for a short time she complained to the teacher that she could not sit at her desk for the reason "[m]y bottom hurts because I got a spanking." The teacher took her to the school nurse for examination. Severe bruise marks were found on her buttocks and lower extremities. The school authorities called a detective at the Springfield Police Department, who in turn called a caseworker for the Lane County Children's Services Division. The child was taken into custody*fn1 by the caseworker and then to a local physician for examination. Pictures showing the bruise marks were taken at a local hospital. The child was then placed in temporary shelter care.
The middle girl, Danielle Celaya, and the baby, Jessie Bea Dimick, were taken into custody about 1:30 p.m. at the Guier residence, when the children's stepfather explained that he would be unable to find a babysitter before he left for work in about two hours. These children ...