Dept. of Human Services v. W. C. T.

Under ORS 419B.337, ORS 419B.387, and case law, a court may order a psychological evaluation of a parent if the following are true after an evidentiary hearing: (1) “the evaluation is rationally related to the jurisdictional findings,” (2) evaluation is a “predicate component to the determination of treatment and training,” (3) treatment or training is needed to “ameliorate the jurisdictional findings or to facilitate the child’s return,” and (4) “the parent’s participation” in the treatment or training is “in the best interests of the child.”  See State ex rel Juv. Dept. v. G. L., 220 Or App 216, 224, 185 P3d 483, rev den, 345 Or 158 (2008) (allowing trial court to order psychological evaluation under ORS 419B.337(2)).

Parents appealed a juvenile court dispositional judgment that required, among other things, psychological evaluations.  On appeal, Parents argued that only ORS 419B.387—not ORS 419B.337(2)—authorized psychological evaluations and that the juvenile court did not justify the evaluations “as a component of treatment or training.”  The Department of Human Services responded that the statutory authority was broader.  Under ORS 419B.337, ORS 419B.387, and case law, a court may order a psychological evaluation of a parent if the following are true after an evidentiary hearing: (1) “the evaluation is rationally related to the jurisdictional findings,” (2) evaluation is a “predicate component to the determination of treatment and training,” (3) treatment or training is needed to “ameliorate the jurisdictional findings or to facilitate the child’s return,” and (4) “the parent’s participation” in the treatment or training is “in the best interests of the child.”  See State ex rel Juv. Dept. v. G. L., 220 Or App 216, 224, 185 P3d 483, rev den, 345 Or 158 (2008) (allowing trial court to order psychological evaluation under ORS 419B.337(2)).  The Court held that, under the unique facts of this case, the four-part standard for the evaluation was satisfied for Mother, but not Father, mainly due to Mother’s substance abuse and mental issues.  Affirmed in part, reversed and remanded in part.