460 P.3d 540
Or. Ct. App.2020Background:
- Juvenile court assumed dependency jurisdiction over child based on father's untreated domestic violence, substance abuse, erratic/chaotic behavior, and related criminal conduct.
- At dispositional phase DHS requested multiple services for father, including a psychological evaluation; father accepted other services but objected to the psychological evaluation, citing a prior addiction-treatment assessment.
- Father did not contest the court’s legal authority to order the psychological evaluation below; his objection focused on factual redundancy of assessments.
- On appeal father argued the court lacked authority under ORS 419B.387 because DHS did not prove the evaluation was necessary as part of "treatment or training;" he urged plain-error review.
- The court held that a psychological evaluation can be ordered either under ORS 419B.387 (need for treatment/training) or under ORS 419B.337(2) (services rationally related to a jurisdictional basis); given both possible authorities and the record, any error was not plain and the judgment was affirmed.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdictional bases for wardship | DHS: proved risk from father's domestic violence and inability to parent due to substance abuse/behavior | Father: challenged six jurisdictional findings | Court affirmed those jurisdictional findings (no further discussion) |
| Authority to order psychological evaluation under ORS 419B.387 | DHS: evidence of alcohol abuse, anger, and abuse supported evaluation as part of treatment/training | Father: DHS failed to show necessity under ORS 419B.387; prior assessment made it unnecessary | Not preserved as argued; reviewed for plain error and not plain because other authority existed; order left intact |
| Alternative authority under ORS 419B.337(2) to require evaluation | DHS: court may order evaluation under ORS 419B.337(2) if it is rationally related to a jurisdictional basis | Father: relied on D.R.D. to argue ORS 419B.387 is sole path for evaluations | Court held both statutes can authorize evaluations; ORS 419B.337(2) applies when evaluation is rationally related to jurisdictional grounds |
Key Cases Cited
- Dept. of Human Services v. D. R. D., 298 Or App 788 (2019) (held psychological evaluation under ORS 419B.387 requires evidentiary showing that it is needed as part of treatment or training)
- State ex rel Juv. Dept. v. G. L., 220 Or App 216 (2008) (held court may order psych evaluation under ORS 419B.337(2) if rationally related to basis for jurisdiction)
- Dept. of Human Services v. K. J., 295 Or App 544 (2019) (explained low bar for showing rational relation between evaluation and jurisdictional basis)
- State ex rel Juv. Dept. v. Maginnis, 28 Or App 935 (1977) (recognized juvenile court authority to order psychiatric/medical evaluations to determine child’s best interests)
- Dept. of Human Services v. A. W., 274 Or App 493 (2015) (plain-error review standard cited)