Dept. of Human Services v. T. L. H.

Under ORS 419B.387, "[i]f the court finds in an evidentiary hearing that treatment or training is needed by a parent to correct the circumstances that resulted in wardship or to prepare the parent to resume the care of the ward, the court may order the parent to participate in the treatment or training if the participation is in the ward's best interests."

Father appealed from a review hearing judgment. Father assigned error to the juvenile court's order that he submit to a psychological evaluation. On appeal, Father argued that ORS 419B.387 did not grant the court authority to order the evaluation as related to "treatment or training." In response, DHS argued that Father already submitted to a psychological evaluation so his appeal is moot, but also that the juvenile court has the authority to order treatment or training where necessary. Under ORS 419B.387, "[i]f the court finds in an evidentiary hearing that treatment or training is needed by a parent to correct the circumstances that resulted in wardship or to prepare the parent to resume the care of the ward, the court may order the parent to participate in the treatment or training if the participation is in the ward's best interests." The Court held that the juvenile court acted within its authority when ordering Father to submit to psychological evaluation, since "[t]he court based that decision on factual findings supported by the evidence presented at an evidentiary hearing," particularly, when "the parent may require it as a component of additional treatment or training needed to prepare the parent to resume care of the child because of the child's particular needs."

Motion to dismiss as moot denied; affirmed.