Dept. of Human Services v. P. W., 460 P.3d 1044

In 2017 the juvenile court changed the permanency plan for Z from reunification to adoption.
Mother’s parental rights were terminated in April 2018; adoption finalization was delayed by appeals and related proceedings.
ORS 419B.470(8) required periodic permanency hearings; at a June 2019 permanency hearing DHS moved to have mother submit to a psychological evaluation to guide case planning and post‑termination contact.
Mother objected and requested a separate evidentiary hearing; the juvenile court overruled and ordered the evaluation while keeping the plan of adoption.
Mother appealed, arguing the court lacked authority to order the evaluation without first establishing the need at an evidentiary hearing under ORS 419B.387.
The appellate court held the court erred in ordering the psychological evaluation after the plan had become adoption and mother’s parental rights had been terminated; it reversed and instructed deletion of that requirement and otherwise affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Denial of mother’s request for a separate evidentiary hearing on DHS’s motion	Mother: she was entitled to a hearing to establish need before being ordered to submit to evaluation	DHS: the permanency hearing sufficed and DHS needed the evaluation for case planning/post‑termination contact	Court found mother’s objection preserved; but because evaluation could not be authorized post‑TPR, no remand for evidentiary hearing was necessary
Authority to order mother to submit to psychological evaluation after plan changed to adoption and TPR	Mother: ORS 419B.387 only authorizes orders for treatment/training (and related evaluations) to remedy conditions for reunification after an evidentiary showing of need	DHS: evaluation was appropriate to inform case planning and facilitate post‑termination contact	Court held ORS 419B.387 does not authorize ordering evaluations post‑TPR/adoption plan; the order was erroneous and was deleted

Dept. of Human Services v. A. F., 295 Or App 69 (2018) (standard of review for juvenile court legal conclusions and findings)
Dept. of Human Services v. D. R. D., 298 Or App 788 (2019) (ORS 419B.387 permits psychological evaluation only after evidentiary hearing establishing need for remedial treatment/training)
Dept. of Human Services v. T. L. H., 300 Or App 606 (2019) (affirming similar use of ORS 419B.387 following an evidentiary showing)
State ex rel Juv. Dept. v. G. L., 220 Or App 216 (2008) (discussing court authority under ORS 419B.337(2) to order parents participate in services the court directs DHS to provide)
State ex rel Juv. Dept. v. Macginnis, 28 Or App 935 (1977) (earlier interpretation of court authority to require parental participation in ordered services)