Parent participation in treatment or training
Source:
Section 419B.387 — Parent participation in treatment or training, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.
Notes of Decisions
Juvenile court may order psychological evaluation of parent as component of treatment or training after determining at evidentiary hearing only that evaluation is needed, so parent’s claim that order was incriminating was misplaced. Dep’t of Human Services v. D.R.D. (In re R.A.D.), 298 Or App 788, 450 P3d 1022 (2019)
Because evidentiary hearing is required under this section to determine whether psychological evaluation is needed for treatment or training in first instance, juvenile court may not order psychological evaluation as discovery mechanism to determine whether such treatment or training is needed. Dep’t of Human Services v. D.R.D. (In re R.A.D.), 298 Or App 788, 450 P3d 1022 (2019)
Where provision governs orders for treatment and training for remedial purposes in context of reunification efforts, court lacked authority to order mother to submit to psychological evaluation after parental rights had been terminated. Dept. of Human Services v. P.W., 302 Or App 355, 460 P3d 1044 (2020)
Father’s pattern of assaultive and impulsive behavior, despite acknowledging behavior placed child at threat of harm and knowing behavior was one of Department of Human Services’ safety concerns regarding father’s ability to safely parent child, was sufficient evidence to establish need for treatment or training, of which psychological evaluation was component. Dept. of Human Services v. M.O.B., 312 Or App 472, 493 P3d 553 (2021)
When read together, ORS 419B.337, 419B.343 and this section permit juvenile court to specify services comprised within case plan, require that services be rationally related to jurisdictional findings and require court to hold evidentiary hearing before determining that there is need for treatment or training to correct circumstances necessitating court’s involvement or to prepare parents for child’s return. Dept. of Human Services v. W.C.T., 314 Or App 743, 501 P3d 44 (2021)
Juvenile court was authorized to order psychological evaluation of parent where needed to determine how to ameliorate conditions that led parent to consistently fail to successfully complete alcohol and drug treatment, as established by evidence presented. Dept. of Human Services v. F.J.M. 370 Or 434, 520 P3d 854 (2022)
Where parent’s substance abuse disorder was jurisdictional basis for child’s wardship, juvenile court’s order that parent participate in psychological evaluation to address substance abuse disorder was authorized by this section because psychological evaluation was connected more than tenuously to substance abuse disorder. Dept. of Human Services v. R.W.C., 324 Or App 598, 526 P3d 1195 (2023), Sup Ct review denied
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