In the Matter of K. R. M., a Child.
A. M. B., Appellant. DEPARTMENT OF HUMAN SERVICES, Petitioner-Respondent, and K. R. M., Respondent,
and submitted November 28, 2018
County Circuit Court 17JU08181, Josephine H. Mooney, Judge.
T. Smith argued the cause and fled the briefs for appellant.
L. Whitehead, Assistant Attorney General, argued the cause
for respondent Department of Human Services. Also on the
brief were Ellen F. Rosenblum, Attorney General, and Benjamin
Gutman, Solicitor General.
Fitch fled the brief for respondent K. R. M.
Powers, Presiding Judge, and Egan, Chief Judge, and Landau,
Senior Judge. [*]
Or.App. 362] Case Summary: This appeal arises out of a
juvenile dependency proceeding, in which the Department of
Human Services required mother to participate in observed
urinalysis. Before the juvenile court, mother argued that the
observed urinalysis violated her state and federal
constitutional rights, and she sought an order for DHS to
provide her unobserved urinalysis, which the court denied.
Held: The juvenile court did not err in denying the
mother's motion for unobserved urinalysis. The Court of
Appeals determined that the record was inadequate to reach
her constitutional claims.
Or.App. 363] POWERS, P. J.
appeal arises out of a juvenile dependency proceeding, in
which mother was required to participate in drug testing as
directed by the Department of Human Services (DHS). After
completing a substance abuse evaluation, DHS assigned mother
to the urinalysis hotline, which directed mother to a
laboratory for an observed urinalysis or UA on random days.
Before the juvenile court, mother argued that observed
urinalysis violated her state and federal constitutional
rights and sought an order for DHS to provide her unobserved
urinalysis, which the court denied. We have jurisdiction
under ORS 419A.205(lXd), which provides for jurisdiction of
post-judgment orders that "adversely affect the rights
or duties of a party," and, based on this record, we
pertinent facts are mainly procedural and uncontested. Mother
admitted two bases for juvenile court jurisdiction, including
that her substance abuse, if left untreated, interfered with
her ability to safely parent. In taking jurisdiction in the
underlying dependency case, the court ordered mother to
participate in a substance abuse evaluation and to follow any
and all recommendations for treatment. Mother completed the
substance abuse evaluation, and the evaluator concluded that
she did not need treatment. DHS then assigned mother to
participate in the urinalysis hotline, which requires
participants to call the hotline each day to see if they have
been randomly selected for a urinalysis that day.
dispositional review hearing, mother objected to being
observed while producing a urine sample and asked the court
for an order permitting unobserved urinalysis.
"[MOTHER'S COUNSEL]: Essentially, Your Honor,
unbeknownst to us, the Lane County Department of Human
Services has a requirement that any urinalysis test be
observed. And I'll give that argument to the Court at the
proper time, but we're arguing that that's an
unreasonable requirement ...