If we recognize that G. L. represents a similar conclusion to that reached in Maginnis in 1977 under earlier statutes, then this court has followed that authority found in current or prior statutes for over forty years. See State v. R. H, 237 Or.App. 245, 251, 251-55, 239 P.3d 505 (2010) (citing G. L. and holding that, because it was unclear whether sexual abuse did occur or whether the child was confused, the evaluation was a rational way to see if father did pose a risk and, if so, what treatment was necessary); Dept. of Human Services v. B. W., 249 Or.App. 123, 125, 127-29, 275 P.3d 989 (2012) (relying on ORS 419B.337(2) and ORS 419B.343 and holding that, although the allegations of jurisdiction did not involve a mental health issue, the psychological evaluation would aid DHS in assessing the father's safety risk, given his conviction for riot and assault, and would help determine what services DHS should provide); Dept. of Human Services v. A. E. K, 261 Or.App. 384, 387, 323 P.3d 482 (2014) (holding that the juvenile court erred in construing too narrowly when it could order parent's psychological evaluation; remanding to follow G. L.). Never in that G. L. line of cases was the question presented to this court asking that we address the relationship of ORS 419B.387 to ORS 419B.337(2) and ORS 419B.343(lXa).
If we recognize that G. L. represents a similar conclusion to that reached in Maginnis in 1977 under earlier statutes, then this court has followed that authority found in current or prior statutes for over forty years. See State v. R. H. , 237 Or. App. 245, 251, 251-55, 239 P.3d 505 (2010) (citing G. L. and holding that, because it was unclear whether sexual abuse did occur or whether the child was confused, the evaluation was a rational way to see if father did pose a risk and, if so, what treatment was necessary); Dept. of Human Services v. B. W. , 249 Or. App. 123, 125, 127-29, 275 P.3d 989 (2012) (relying on ORS 419B.337(2) and ORS 419B.343 and holding that, although the allegations of jurisdiction did not involve a mental health issue, the psychological evaluation would aid DHS in assessing the father's safety risk, given his conviction for riot and assault, and would help determine what services DHS should provide); Dept. of Human Services v. A. E. F. , 261 Or. App. 384, 387, 323 P.3d 482 (2014) (holding that the juvenile court erred in construing too narrowly when it could order parent's psychological evaluation; remanding to follow G. L. ). Never in that G. L. line of cases was the question presented to this court asking that we address the relationship of ORS 419B.387 to ORS 419B.337(2) and ORS 419B.343(1)(a).
We have cited and relied on G. L. intermittently but consistently for the past 13 years, typically with no analysis. See, e.g., Dept. of Human Services v. L. J. W., 302 Or.App. 126, 130, 460 P.3d 540, rev den, 367 Or. 75 (2020); Dept. of Human Services v. K. J., 295 Or.App. 544, 548, 435 P.3d 819 (2019); Dept. of Human Services v. A. E. K, 261 Or.App. 384, 387, 323 P.3d 482 (2014); Dept. of Human Services v. B. W., 249 Or.App. 123, 128, 275 P.3d 989 (2012). In recent years, we have seen more and more challenges to juvenile court orders requiring parents to submit to psychological evaluations, often with confusing records as to whether the court was relying on ORS 419B.337(2), ORS 419B.387, or both.
We have cited and relied on G. L. intermittently but consistently for the past 13 years, typically with no analysis. See, e.g. , Dept. of Human Services v. L. J. W. , 302 Or. App. 126, 130, 460 P.3d 540, rev. den. , 367 Or. 75, 472 P.3d 267 (2020) ; Dept. of Human Services v. K. J. , 295 Or. App. 544, 548, 435 P.3d 819 (2019) ; Dept. of Human Services v. A. E. F. , 261 Or. App. 384, 387, 323 P.3d 482 (2014) ; Dept. of Human Services v. B. W. , 249 Or. App. 123, 128, 275 P.3d 989 (2012). In recent years, we have seen more and more challenges to juvenile court orders requiring parents to submit to psychological evaluations, often with confusing records as to whether the court was relying on ORS 419B.337(2), ORS 419B.387, or both.