|CALENDAR STATUS: Active|
|Bruce Querbach v. Department of Human Services (DHS)|
|Via Video Case 3|
|Margaret H Leek Leiberan on behalf of Bruce Querbach|
Inge D Wells on behalf of Department of Human Services
Statement of Issues:
|(1) Should a trial court refuse to uphold a finding by DHS that abuse occurred if the court finds there is no probable cause to believe the parent committed abuse?|
(2) If a trial court finds DHS has shown bias against one parent or notes significant problems with the methodology used by DHS and CARES in making a finding of abuse against that parent, is the reviewing court required to take those problems into account in determining whether DHS had a reasonable suspicion that abuse had occurred?
(3) Must DHS (or a court reviewing a DHS finding) consider alternative reasonable explanations for alleged abuse before it holds that a finding of abuse is founded?
(4) In determining whether a parent has committed mental abuse, must a court follow ORS 419B.005(1)(a)(B) and OAR 413-0150-0115(1)(a)(A), both of which provide that any mental injury to a child "shall include only observable and substantial impairment of the child's mental or psychological ability to function caused by cruelty to the child?"
(5) Can a determination that a parent has physically or psychologically abused a child be supported by evidence that the parent used "reasonable discipline" on that child, even though reasonable discipline is specifically exempted from the definition of cruelty by OAR 413-0150-0115(1)(a)?
These summaries of cases are prepared for the benefit of members of the media to assist them in reporting the court's activities to the public. Parties and practitioners should not rely on the summaries, or the statement of issues to be decided in the summaries, as indicating the questions that the Supreme Court will consider. Regarding the questions that the Supreme Court may consider, see Oregon Rule of Appellate Procedure 9.20.
Justice(s) NOT Participating: