State v. F.J.M.

A psychological evaluation is authorized under ORS 419B.387 “if 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.”

Father appealed judgement in a dependency case from juvenile court that established jurisdiction over his five children. Father assigned error to the juvenile court requiring he receive a psychological evaluation. Father argued that requirement for an evaluation was not supported properly by evidence. DHS contended an evaluation was needed to help Father engage with services necessary for reunification. A psychological evaluation is authorized under ORS 419B.387 “if 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 found the trial court had sufficient evidence, because the trial court concluded that because of “the family’s long history of involvement with DHS and father’s long-term failure to address the need to protect the children from mother… it would be important to know whether psychological factors were in play.” Therefore, the Court found that the trial court relied on sufficient reasoning under ORS 419B.387.  Affirmed.