- Court: Oregon Court of Appeals
- Area(s) of Law: Juvenile Law
- Date Filed: 12-01-2021
- Case #: A175708
- Judge(s)/Court Below: Tookey, J. for the Court; Aoyagi, J.; & Armstrong, P.J.
- Full Text Opinion
Mother appealed a juvenile court’s judgement requiring that she undertake a psychological evaluation. On appeal, Mother assigned error to the court’s decision ordering her to undertake a psychological evaluation because the record was insufficient to show that a “psychological evaluation is ‘rationally related’ to the established jurisdictional bases.” In a subsequent hearing to determine custody, DHS requested a court order for mother to participate in psychological evaluations. The request was predicated on father’s testimony regarding mother’s behavior. Father later recanted his testimony, admitting he lied about mother’s behavior. A juvenile court is authorized to order a psychological evaluation only where such an evaluation “is for a service that is rationally related to the findings that bring the child into the court’s jurisdiction.” W. C. T.,314 Or App at 776. That is because the “gist of ORS 419B.337(2) is that the juvenile court may specify the services that will comprise the case plan,” and “ORS 419B.343(1)(a) requires that services be rationally related to jurisdictional findings.” Id. at 772. Reversed and remanded.