Dept. of Human Services v. P. W.

“ORS 419B.387 authorizes the juvenile court to order a parent to submit to a psychological evaluation, but only after ‘the establishment of a need for treatment or training at the evidentiary hearing.’” Dept of Human Services v. D.R.D., 298 Or App 788, 799, 450 P3d 1022 (2019); see also Dept. of Human Services v. T.L.H., 300 Or App 606, 453. P3d 556 (2019).

Mother appealed an order from the juvenile court ordering her to submit to a psychological evaluation after her parenting rights had been terminated. On appeal, Mother argued that the court lacked authority to order the psychological evaluation because it had not been established that she needed the evaluation at the hearing, which she was entitled to request. In response, DHS offered no instructive authority, but cited the usefulness of the examination in assisting the facilitation of its continued case planning, including how to facilitate post-termination contact between Mother and Child. “ORS 419B.387 authorizes the juvenile court to order a parent to submit to a psychological evaluation, but only after ‘the establishment of a need for treatment or training at the evidentiary hearing.’” Dept of Human Services v. D.R.D., 298 Or App 788, 799, 450 P3d 1022 (2019); see also Dept. of Human Services v. T.L.H., 300 Or App 606, 453. P3d 556 (2019). The Court held that ORS 419B.387 is effective when the plan is reunification between mother and child, and because Mother’s parenting rights had been effectively terminated, there was no reason to order her to complete a psychological evaluation. Reversed and remanded with instructions to enter a judgment deleting the requirement that mother submit to a psychological evaluation; otherwise affirmed.