Calderon v. Dept. of Human Services

“‘[F]ounded determinations are not determinations that petitioner in fact abused the [child] in the ways that were alleged, but rather that DHS had ‘reasonable cause to believe’ that he had done so… the evidence in the record, an objectively and subjectively reasonable person could believe that petitioner had abused the [child] in the ways alleged. Querbach v. Dept. of Human Services, 369 Or 786, 804 (2022).”

DHS received a report that Petitioner was abusing his daughter. DHS conducted an investigation and determined there was “reasonable cause to believe abuse occurred” under OAR 413-015-1010(2)(a). Petitioner sought review of the order from the trial court. The trial court found DHS did not do enough and remanded it back to DHS. DHS argued that it found reasonable cause to believe that petitioner had physically abused his daughter. Petitioner argued that the witnesses he called during the trial hearing showed inaccuracy in DHS’s investigation. “‘[F]ounded determinations are not determinations that petitioner in fact abused the [child] in the ways that were alleged, but rather that DHS had ‘reasonable cause to believe’ that he had done so… the evidence in the record, an objectively and subjectively reasonable person could believe that petitioner had abused the [child] in the ways alleged. Querback v. Dept. of Human Services, 369 Or 786, 804 (2022).” The Court reasoned the fact the daughter did not tell family friends about the abuse does not sufficiently undermine DHS’s determination that it had reasonable cause to believe abuse had occurred. The Court found there was substantial evidence in the record to find for DHS’s “founded” determination and thus concluded that the trial court erred. Reversed.