Dept. of Human Services v. J. S. C.

Former ORS 419B.881(6) (2021) provides that ‘[u]pon a showing of good cause, the court may at any time order that specified disclosure be denied, restricted or deferred or make such other order as is appropriate.

Appellant appealed juvenile court’s denial of her motion to prevent disclosure of her psychological evaluation to the father. She assigned error to the court’s determination that it lacked authority to determine whether good cause existed. Former ORS 419B.881(6) (2021) provides that ‘[u]pon a showing of good cause, the court may at any time order that specified disclosure be denied, restricted or deferred or make such other order as is appropriate. The Court held the juvenile court erred when it concluded it lacked statutory authority based on the father’s constitutional argument. The Court reasoned that finding good cause is a separate part of analysis from balancing legal rights and interest of parties. Here, the juvenile court did not reach the initial determination if the appellant had shown good cause, therefore the court must first establish whether good cause is present and then balance the parties legal rights and interest, from there they can exercise discretionary authority on whether to restrict disclosure. Reversed and remanded.