275 P.3d 989
Or. Ct. App.2012Background
- Child born Jan 2010; in DHS protective custody since July 14, 2010.
- Father incarcerated since before child's birth; no contact with child.
- In Feb 2011, father stipulated to jurisdiction on lack of parental relationship and unavailability due to incarceration.
- DHS originally alleged risk of harm, later dismissed by stipulation.
- Permanency hearing Jul 11, 2011; DHS sought psychological evaluation to guide services post-release.
- Juvenile court ordered psychological evaluation; conflict over rational relationship to bases for jurisdiction; court found rational relationship and affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ordering a psychological evaluation bears a rational relationship to jurisdiction bases. | Father; no rational connection to lack of relationship or incarceration. | DHS; evaluation helps assess safety and appropriate services. | Yes; rational relationship supported; order affirmed. |
Key Cases Cited
- State ex rel. Juv. Dept. v. G.L., 220 Or.App. 216 (2008) (requires rational connection between services and jurisdictional bases)
- C.Z. v. Dept. of Human Services, 236 Or.App. 436 (2010) (records support rational basis for services to address safety risk)