Martin v. Dept. of Human Services

A circuit court’s role in reviewing a founded disposition under ORS 183.484(5) is to determine “whether substantial evidence in the record ‘viewed as a whole’ supports the agency’s determinations and that the standard is based on whether that record ‘would permit a reasonable person to make that finding.’” Querbach v. Dept. of Human Services, 369 Or 786, 789-90 (2022).

In a child abuse assessment, the Department of Human Services (DHS) issued a founded determination of physical abuse by petitioner to her daughter. Petitioner sought review of the finding. In its holding, the trial court agreed that there was sufficient evidence to support the alleged conduct, but did not determine if the conduct constituted physical abuse, and remanded to DHS for further investigation. In addition to the general judgment, the court entered a supplemental judgment awarding attorney fees and costs to petitioner. On appeal, DHS asserted that the trial court erred in remanding the founded disposition of physical abuse because there was substantial evidence to support its finding. A circuit court’s role in reviewing a founded disposition under ORS 183.484(5) is to determine “whether substantial evidence in the record ‘viewed as a whole’ supports the agency’s determinations and that the standard is based on whether that record ‘would permit a reasonable person to make that finding.’” Querbach v. Dept. of Human Services, 369 Or 786, 789-90 (2022). Relying on the standard of review set in Querbach, the Court held that a reasonable person could find that petitioner physically abused her daughter by straddling and pouring water on her face so that she could not breathe. Querbach, 369 Or at 790. REVERSED and REMANDED.