Dep't of Human Servs. v. J. L. S. (In re C. S.), A177877

CourtCourt of Appeals of Oregon
Writing for the CourtJAMES, P. J.
Citation321 Or.App. 830
PartiesIn the Matter of C. S., a Child. v. J. L. S., Appellant. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, In the Matter of H. L. S., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. J. L. S., Appellant. In the Matter of S. J. G. S., a Child. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, v. J. L. S., Appellant.
Docket NumberA177877,A177878,A177879
Decision Date21 September 2022

321 Or.App. 830

In the Matter of C. S., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.

J. L. S., Appellant.

In the Matter of H. L. S., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.

J. L. S., Appellant.

In the Matter of S. J. G. S., a Child.

DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent,
v.

J. L. S., Appellant.

A177877, A177878, A177879

Court of Appeals of Oregon

September 21, 2022


This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

Argued and submitted July 26, 2022

Baker County Circuit Court 21JU03067, 21JU03068, 21JU03069 [321 Or.App. 831] Matthew B. Shirtcliff, Judge.

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Sean Connor, Deputy Public Defender, argued the cause for appellant. Also on the briefs was Shannon Storey, Chief Defender, Juvenile Appellate Section, Offce of Public Defense Services.

Jon Zunkel-deCoursey, Assistant Attorney General, argued the cause for respondent. Also on the brief were Ellen F. Rosenblum, Attorney General, and Benjamin Gutman, Solicitor General.

Before James, Presiding Judge, and Aoyagi, Judge, and Joyce, Judge.

Affirmed.

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[321 Or.App. 832] JAMES, P. J.

In this juvenile dependency case, mother appeals three disposition judgments-one for each of her three children-in which, among other things, the court ordered her to engage in a psychological evaluation and sign releases of information. She contends that the court erred in ordering those things under the standard set out in Dept. of Human Services v. W. C. T., 314 Or.App. 743, 745, 501 P.3d 44 (2021). Alternatively, she contends that W. C. T. was wrongly decided, and she asks us to overrule it. We reject without further discussion her challenge to the order to engage in a psychological evaluation, because we conclude that the evidence satisfied the standard set out in W. C. T. Additionally, we decline her request to overrule W. C. T., either in respect to its holding as to psychological evaluations, or its discussion of releases of information.

As to the order to sign releases of information, we first conclude that mother's challenge to that order has not been made moot by her compliance with it. On the merits, we conclude that the limited argument that mother raises on appeal regarding the order to sign releases of information is insufficient to distinguish this case from W. C. T., in which we indicated that, absent a developed argument to the contrary, we will assume that a court has authority to order a parent to sign releases of information. Accordingly, we affirm.

We begin by considering whether the issue raised in mother's second assignment of error, regarding the order to sign releases of information, is moot. The Department of Human Services (DHS) filed a notice of probable moot-ness in which it asserted that that assignment is moot because, after the court ordered her to do so, mother signed some releases of information. DHS argues that, by signing releases under court order, mother "waived any future challenges to the releases or information shared as a result of the releases."

We disagree. As to the releases that mother has signed-which she signed after the entry of the disposition judgment, in which the court ordered her to "sign releases of information"-mother's compliance with a court order did

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[321 Or.App. 833] not...

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