Dept. of Human Services v. D. R. D.

A psychological evaluation is authorized as a component of treatment or training under ORS 419B.387.

In a juvenile dependency case, Father appealed a judgment in which a juvenile court ordered him to successfully complete a psychological evaluation under ORS 419A.200(1). Father assigned error to the juvenile court’s order of a psychological evaluation. On appeal, father argued that, although ORS 419B.387 allows for “treatment or training,” the statute does not authorize the juvenile court to order parents to submit to a psychological evaluation that is invasive and potentially incriminatory by nature. In response, the Department of Human Services (DHS) argued that the juvenile court has broad authority to make orders in the best interests of its wards, under ORS 419B.387, and therefore, the court has specific authority to order a parent to participate in treatment or training. A psychological evaluation is authorized as a component of treatment or training under ORS 419B.387. After engaging in statutory interpretation, the Court held that, under ORS 419B.387, the juvenile court’s findings that Father needed such treatment are supported by evidence in the record, thus, the juvenile court was within its authority when it made that decision.

Affirmed.