Department of Human Services v. M.O.B.

Under ORS 419B.387, a juvenile court may order a parent to undergo a psychological evaluation as a part of necessary treatment or training for which a predetermined need exists, even when it is unclear what, if anything, the evaluation will reveal.

M.O.B. appealed a juvenile court decision establishing dependency jurisdiction over his infant child. M.O.B. assigned error to the court’s ordering of a psychological evaluation. On appeal, M.O.B. argued that the court’s order exceeded its authority because it was using the psychological evaluation as a “discovery device” and not as a part of needed treatment or training. In response, DHS argued that the record established that M.O.B. needed treatment. Under ORS 419B.387, a juvenile court may order a parent to undergo a psychological evaluation as a part of necessary treatment or training for which a predetermined need exists, even when it is unclear what, if anything, the evaluation will reveal. The Court found that using a psychological evaluation to determine the best means of treatment and training is properly a part of the treatment and training. The Court determined that M.O.B.’s admitted need for services, history of domestic violence, and concerning “aggressively and impulsivity” sufficiently evinced a need for treatment. The Court stated that here, the juvenile court “correctly put the horse before the cart” by first establishing a need for treatment before ordering the psychological evaluation. Affirmed.