Dept. of Human Services v. D. L.
303 Or. App. 286
| Or. Ct. App. | 2020Background
- Juvenile court assumed dependency jurisdiction under ORS 419B.100(1)(c) over 13‑year‑old A after an incident ~3.5 months before the hearing in which mother kicked A and threw a heavy wooden stool that struck A’s face and caused a black eye; DHS removed A.
- A testified about the assault and its effects (nightmares); the juvenile court expressly credited A’s testimony over mother’s conflicting account.
- Mother minimized the incident at the hearing (describing a "tap" and a thrown "wooden block") and had instructed A to lie to the school nurse about the injury.
- The juvenile court found mother has anger and impulse‑control problems, ordered a psychological evaluation, and found that DHS made reasonable efforts to reunify.
- Mother appealed, challenging (1) sufficiency of evidence for dependency jurisdiction, (2) the juvenile court’s finding that DHS made reasonable reunification efforts, and (3) the order for a psychological evaluation (arguing plain error).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for dependency jurisdiction under ORS 419B.100(1)(c) | DHS: Assault + mother’s minimization support finding of current risk of serious injury | Mother: Incident was isolated; record does not show a continuing/current risk or present anger/impulse problems | Affirmed: Evidence (assault + mother’s untruths/minimization) permissibly supports a finding of current risk and jurisdiction |
| Whether DHS made "reasonable efforts" to reunify under ORS 419B.340 | DHS: Case complications (child unwilling; potential criminal charges) limited practicable efforts | Mother: DHS did very little and did not give her a reasonable opportunity to make needed adjustments | Reversed: Record does not support the juvenile court’s conclusion that DHS made reasonable efforts; remanded to correct that determination |
| Whether ordering mother to undergo a psychological evaluation was plain error | DHS: Evaluation order permissible | Mother: Did not preserve objection; contends plain error | Affirmed: No plain error—prior controlling authority (L. J. W.) forecloses mother's claim |
Key Cases Cited
- Dept. of Human Services v. L. J. W., 302 Or App 126 (2020) (addressing plain‑error review of a similar challenge to a psychological‑evaluation order)
- Dept. of Human Services v. C. D. B., 299 Or App 513 (2019) (explaining the "current threat of serious loss or injury" standard under ORS 419B.100(1)(c))
- Dept. of Human Services v. N. P., 257 Or App 633 (2013) (describing sufficiency review for juvenile‑court dispositions)
- Dept. of Human Services v. J. F. D., 255 Or App 742 (2013) (discussing reasonable‑efforts requirement under ORS 419B.340)
- State ex rel Juv. Dept. v. Williams, 204 Or App 496 (2006) (defining "reasonable efforts" as assistance enabling parents to become minimally adequate)