State Ex Rel. Juv. Dept. v. GL

185 P.3d 483, 220 Or. App. 216
CourtCourt of Appeals of Oregon
DecidedMay 21, 2008
DocketJ060443, J060444, A136566
StatusPublished

This text of 185 P.3d 483 (State Ex Rel. Juv. Dept. v. GL) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State Ex Rel. Juv. Dept. v. GL, 185 P.3d 483, 220 Or. App. 216 (Or. Ct. App. 2008).

Opinion

185 P.3d 483 (2008)
220 Or. App. 216

In the Matter of K.M. and K.M., Minor Children.
STATE EX REL. JUVENILE DEPARTMENT OF LINN COUNTY, Respondent,
v.
G.L., Appellant.

J060443, J060444, A136566.

Court of Appeals of Oregon.

Argued and Submitted January 2, 2008.
Decided May 21, 2008.

Paul S. Petterson argued the cause and filed the brief for appellant.

Inge D. Wells, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before HASELTON, Presiding Judge, and ARMSTRONG, Judge, and ROSENBLUM, Judge.

ROSENBLUM, J.

Mother appeals a judgment of dependency jurisdiction and disposition. See ORS 419B.100; ORS 419B.325. She argues that the state failed to present evidence sufficient to support jurisdiction and that the juvenile court lacked the authority to order her to undergo a psychological evaluation. We write only to address whether the trial court was authorized to order mother to submit to a psychological evaluation. We review the record de novo, ORS 419A.200(6)(b), and the court's legal conclusions for errors of law, State ex rel SOSCF v. Dennis, 173 Or.App. 604, 606, 25 P.3d 341, rev. den., 332 Or. 558, 34 P.3d 1176 (2001). We conclude that the juvenile court possessed the authority to order mother to submit to a psychological evaluation. Accordingly, we affirm.

We briefly recount the family's involvement with DHS prior to the events that prompted the filing of the present petition for dependency jurisdiction. Mother and father have a historically violent and tumultuous relationship. Mother has obtained multiple restraining orders against father, the first a few months before they married in 2000. Two years later, mother left father. She and parents' two children, KD and KS, became homeless, and the children were removed from her care after being "found outside with no shoes, no coat, cold, dirty, hungry, *484 scared[, and suffering from] head lice." Mother was ordered to complete services, which she apparently did because the children were returned to her care in June 2004.

At that time, mother assured the case-worker that "she wasn't going to be in a relationship with [father]" and that she had "no plans to reconnect" with father. Father completed no services, and he was ordered as a condition of post-prison supervision to stay away from mother.[1] Shortly after the children were returned, mother and father reconciled, and mother dismissed a second restraining order she had obtained against father during the dependency case.

The family again became involved with DHS in 2005 following a referral for drug-related issues. Father agreed to execute a voluntary services plan and, after a brief period in the care of mother's grandmother, the children stayed with father. Mother refused to execute a voluntary services plan. Instead, she left the children in father's care, explaining to the caseworker that "she would prefer that the children didn't live with him but [that she] did not feel that they were at imminent risk of living with him at that point[; s]he said that she had some things that she needed to take care of [elsewhere] * * * to address the addiction issues." By the summer of 2006, mother had returned and she, father, and the children moved in with mother's grandmother.

In August 2006, after learning that father had been arrested, a caseworker visited mother and the children at mother's grandmother's home. Mother "again said that she was not in a relationship with [father] and that she had not been allowing him to stay there" because father was "dangerous and * * * they cannot be in a relationship together." Both children and father disputed mother's claim that father was not living with the family and that mother and father were not in a relationship. The caseworker offered mother a voluntary services agreement, and mother agreed to get a restraining order against father. She failed to do so, and the children were placed in protective custody in August 2006. Because a caseworker failed to appear at the hearing, that petition was dismissed.

In January 2007, DHS learned that mother had again allowed children to have contact with father. Mother contended that the children were visiting someone else's home and father "just happened to be there, again [she] clarified that she understood that he's dangerous." Despite mother's assurances, father was arrested after assaulting one of the children in March 2007. The children told DHS that father had been at the home frequently and that mother was unable to keep him from the home. DHS placed the children in protective custody.

Mother divorced father after the children were removed and before the jurisdictional hearing. She contended at that hearing that she would be able to protect the children from father in the future because she now has the "legal backing" of a no-parenting-time provision in the dissolution decree. At trial, the caseworker testified that

"[t]he agency's concerned that many attempts have been made to engage her in services that would really benefit her ability to follow through and protect these children and so there's the concern about the continued refusal of the services or voluntaries, continued refusal to engage in any kind of mental health counseling or [to] continue the children in their mental health counseling, and with the years of repeated comments that's she's made, that she understands he's dangerous [and] she doesn't want anything to do with him and then getting back together with him, that that pattern over the years really is confusing, and the agency would like insight [from a psychological evaluation] as to if there is some underlying mental health diagnosis that may be leading to this so that we can better identify and treat the situation and get all the help that she needs to make sure that the children aren't again exposed to harm and hurt."

The juvenile court found that the state proved that father physically assaulted one of the children, that mother and father have a demonstrated pattern of domestic conflict that threatens their children, that mother *485 had failed to benefit from services designed to help her address the safety needs of her children, and that mother is unable or unwilling to provide for the safety and protection of her children because she continues to allow father to have contact with them.[2]

The juvenile court judge also found that the state failed to prove that a psychological evaluation was "necessary," commenting that he was not aware of a mental health diagnosis that "keeps [mother] from resisting contact with an ex-husband." Despite this finding, he ordered the evaluation because he concluded it would be "helpful just trying to figure out" how mother could do a better job of protecting her children from father than she has done in the past. Accordingly, the court ordered mother to submit to a psychological evaluation as part of its disposition.

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State ex rel. Juvenile Department v. G. L.
185 P.3d 483 (Court of Appeals of Oregon, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
185 P.3d 483, 220 Or. App. 216, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-juv-dept-v-gl-orctapp-2008.