Dept. of Hum. Servs. v. N.S.C

The Department of Human Services (DHS) and juvenile court relied on ORS 419B.476 which says “’if the court determines that further efforts will make it possible for the ward to safely return home within a reasonable time,’ the court may ‘order that the parent participate in specific services for a specific period of time and make specific progress within that period of time.’”

Mother appealed a permanency judgment continuing the plan of reunification for her child who is a ward of the court. Mother says the court erred by ordering her to “(1) undergo a psychological evaluation and (2) complete domestic violence ‘aggressor’ counseling.” The Department of Human Services (DHS) and juvenile court relied on ORS 419B.476 which says “’if the court determines that further efforts will make it possible for the ward to safely return home within a reasonable time,’ the court may ‘order that the parent participate in specific services for a specific period of time and make specific progress within that period of time.’” Four requirements were outlined in a subsequent case called Dept. of Hum Servs. v. W.C.T., 314 Or App 743 (2021). As such the juvenile court did not make findings specific to W.C.T, DHS argues that reliance on ORS 419B.476 satisfied those requirements. The Court found three of the four requirements were met but, on the first factor (requirement for “rational relationship” the Court chose to exercise discretion to make a finding de novo. On the record, the Court found a rational relationship existed. Affirmed.