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Authority of Oregon Juvenile Courts to Review DHS Actions in Child Dependency Cases
The Oregon Child Advocacy Project
Professor Leslie J. Harris, Molly Allen and Tehan Wittemyer
November 2005

Summary
Oregon statutes and case law authorize the juvenile court to review Department of Human Services decisions in dependency cases as necessary to protect the rights of the children and their parents. Courts exercising this authority must give appropriate deference to agency decisions to permit the agency to manage its budget effectively and carry out its statutory duties. Upon reviewing a challenged DHS decision, the juvenile court should uphold the agency’s decision if it is based on factual predicates that are supported by the evidence if the decision is based on carefully reasoned consideration of all the facts in light of the governing standards. These standards include the agency’s own rules and policies regarding the rights of children in substitute care, the methods for selecting substitute placements, and caseworker responsibilities to monitor and provide services to children and substitute care providers. If the court concludes that an agency’s decision is not based on these standards, it may make orders necessary to protect the child and the parent, including the child’s right to permanency.

Download full report: Reviewing DHS Child Dependency