Dept of Human Services v. A.E.F.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 02-26-2014
  • Case #: A154722
  • Judge(s)/Court Below: Armstrong, P.J. for the Court; Nakamoto, J.; and Egan, J.
  • Full Text Opinion

Juvenile statutes authorize a court to order a parent to participate in a psychological evaluation if the evaluation bears a rational relationship to the bases the court found for taking jurisdiction over the child.

Child appealed a dispositional judgment in its dependency case. The child argued that the juvenile court erred in determining that it lacked authority to order a psychological evaluation of mother, and, hence, abused its discretion in failing to order mother to undergo such an evaluation. The court took jurisdiction over child based on mother's admissions that child had presented bruises, that mother had used excessive discipline on child, and that mother had an anger control problem. At the dispositional hearing, DHS requested that the court order mother to undergo a psychological evaluation, arguing that it would be useful to determine whether other than typical counseling would be beneficial for mother. The court declined, concluding that its authority was limited. Juvenile statutes authorize a court to order a parent to participate in a psychological evaluation if the evaluation bears a rational relationship to the bases the court found for taking jurisdiction over the child. Accordingly, the Court of Appeals vacated and remanded for the juvenile court to determine whether there is a rational relationship between the findings that brought the child within the court's jurisdiction and the proposed psychological evaluation. Vacated and remanded.

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