Querbach v. Dept. of Human Services

The standard for founded dispositions of abuse is “reasonable cause to believe” abuse occurred. OAR 413-015-1010. The “reasonable cause” standard is akin to the “reasonable suspicion” standard; on review, the court must only determine “whether a reasonable person could reach” DHS’s determination. A. F. v. Oregon Dept. of Human Services, 251 Or App 576, 583-84, 284 P3d 1189 (2012).

Petitioner appealed the review by the circuit court of an order made by the Department of Human Services (DHS) which made “founded dispositions” that Petitioner abused his children.  On review, the circuit court “interpreted DHS’s applicable administrative rules to impose” the equivalent of a probable cause standard for “a founded disposition” of abuse.  On appeal, Petitioner argued that DHS’s founded disposition determination was insufficiently supported by the evidence.  DHS cross-appealed and assigned error to the circuit court’s conclusion that a probable cause standard applied to a founded disposition.  DHS argued that the standard was equivalent to reasonable suspicion.  The standard for founded dispositions of abuse is “reasonable cause to believe” abuse occurred.  OAR 413-015-1010.  The “reasonable cause” standard is akin to the “reasonable suspicion” standard; on review, the court must only determine “whether a reasonable person could reach” DHS’s determination.  A. F. v. Oregon Dept. of Human Services, 251 Or App 576, 583-84, 284 P3d 1189 (2012).  The Court held that, under the circumstances, DHS had “reasonable suspicion to believe” abuse had occurred in the case of one child, regardless of the contrary evidence.  Thus, the Court held that the founded disposition of abuse was valid against one child, but not the other.  Otherwise Affirmed.