Dept. of Human Services v. F. J. M.

Under ORS 419B.337, juvenile courts can order parents to engage in “treatment or training” which is “needed by [the] parent to correct the circumstances that resulted in wardship.”

Father appealed the juvenile court’s order for Father to undergo a psychological evaluation. Father assigned error to the court’s order. Father argued ORS 419B.337 only allows courts to order parents to participate in treatments that are “designed to cure deficits” and does not include one-off tasks or investigatory procedures like psychological exams. Department of Human Services (DHS) argues the statute allows for diagnostic activities like psychological exams because those exams can help determine what treatments are necessary to correct the circumstances that led to the case. Under ORS 419B.337, juvenile courts can order parents to engage in “treatment or training” which is “needed by [the] parent to correct the circumstances that resulted in wardship.” The Court reasoned that the plain meaning of the word “treatment” and the legislative history supported DHS’s interpretation of the law because a diagnostic exam is sometimes critical in determining what treatment is “needed” to correct the circumstances. After weighing several factors including Father’s substance use and current involvement with the children’s mother, a psychological exam was warranted. Affirmed.