Dept. of Human Services v. L. J. W.

“ORS 419B.337(2) grants the court the authority to order a parent to submit to a psychological evaluation to help design services needed, if there is ‘a rational connection between the service to be provided and the basis for jurisdiction.’”  State ex rel Juv. Dept. v. G. L., 220 Or App 216, 223, 185 P3d 483, rev den, 345 Or 158 (2008).

Father appealed a judgment of jurisdiction over his child. Father assigned error to the court’s order for him to undergo a psychological evaluation. On appeal, Father argued that he already completed an assessment by an addiction treatment provider and that DHS failed to offer evidence that an evaluation was a necessary part of “treatment or training” under ORS 419B.387. In Response, DHS argued that there was sufficient presented regarding Father’s alcohol abuse, struggles with anger, and abuse towards the child’s mother, satisfying the statute. “ORS 419B.337(2) grants the court the authority to order a parent to submit to a psychological evaluation to help design services needed, if there is ‘a rational connection between the service to be provided and the basis for jurisdiction.’”  State ex rel Juv. Dept. v. G. L., 220 Or App 216, 223, 185 P3d 483, rev den, 345 Or 158 (2008).The Court found the error could only be plain if ORS 419B.387 were the only basis for ordering a psychological examination, but it is not. Both ORS 419B.337(2) and ORS 419B.387 provide the authority by either the examination being rationally relating to a jurisdictional basis or was needed for treatment or training directed towards reunification. The Court held the juvenile court’s authority to order the examination is found under two alternate statutes and its decision was not specifically framed in terms of ORS 419B.387, therefore the juvenile court did not plainly err. Affirmed.