312 Or. App. 301
Or. Ct. App.2021Background
- DHS had repeated involvement with the family since 2016 driven by mother’s serious mental-health issues, parental drug use, domestic violence, and housing instability.
- Children were first made wards in 2017; father retained custody under a safety plan but repeatedly failed to comply and re-engaged with mother despite court orders.
- In January 2020 mother threatened self with a knife in the children’s presence; police removed mother and DHS re-opened involvement.
- Father violated probation after methamphetamine use in February 2020; DHS removed the children and filed dependency petitions.
- At jurisdictional/dispositional hearings the court found father continued to use drugs, associate with users, and repeatedly failed to protect the children from mother, and it ordered parenting, substance-abuse, and psychological evaluations.
- Father appealed only the order compelling a psychological evaluation; the Court of Appeals affirmed that order based on ORS 419B.387 jurisprudence.
Issues
| Issue | Plaintiff's Argument (DHS) | Defendant's Argument (Father) | Held |
|---|---|---|---|
| Whether the juvenile court could compel father to undergo a psychological evaluation | A psych eval was necessary as a component of treatment/reunification and was rationally related to jurisdictional findings; it would help DHS plan services and promote reunification | The evidence and petitions did not justify a compelled psych eval; the court lacked statutory authority to order it | Affirmed: the court’s findings satisfy the standard under ORS 419B.387 (per D. R. D.) to order a psychological evaluation as a component of needed treatment; the opinion did not decide alternative authority under ORS 419B.337(2) |
Key Cases Cited
- Dept. of Human Services v. D. R. D., 298 Or App 788 (2019) (psychological evaluation may be ordered under ORS 419B.387 when it is a needed component of treatment/training)
- State ex rel Juv. Dept. v. G. L., 220 Or App 216 (2008) (juvenile court may require DHS to provide particular services—court applied a “rationally related” standard)
- Dept. of Human Services v. L. J. W., 302 Or App 126 (2020) (noting both ORS 419B.337(2) and ORS 419B.387 can potentially authorize psych exams)
- Dept. of Human Services v. T. L. H., 300 Or App 606 (2019) (discussing limits on ordering psych evaluations and relation to needed services)