Dept. of Human Services v. B.W.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Family Law
  • Date Filed: 03-28-2012
  • Case #: A149347
  • Judge(s)/Court Below: Schuman, P.J. for the Court; Wollheim. J.; and Nakamoto, J.
  • Full Text Opinion

The rational relationship requirement is only a minimal threshold for the court to consider alongside other items when determining the validity of an order.

Father appealed a juvenile court order that he undergo a psychological evaluation before a reunification plan and appropriate services were determined. The child has been in protective custody since birth and is under the jurisdiction of the juvenile court based on (1) the father's lack of relationship with the child and (2) his unavailability due to incarceration. Father appealed the order arguing that the juvenile court erred in requiring a psychological evaluation under ORS 419B.337(2) and ORS 419B.343 which requires that court orders for services are rationally related to the jurisdictional findings that brought the child into custody. The Court of Appeals found the juvenile court did not err in finding that a psychological evaluation to determine the services needed for reunification was rationally related to the bases for jurisdiction. The rational relationship requirement is only a minimal threshold for the court to consider alongside other items when determining the validity of an order. Affirmed.

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