ORS 418.275
Child-caring agency as guardian of child; power of agency


A child-caring agency shall be the guardian of each child released or surrendered to the agency under the conditions provided in ORS 418.270 (Surrender of child to child-caring agency) and of each child committed to the agency by order of a court of competent jurisdiction.


The child-caring agency may retain a child released, surrendered or committed to the agency in institutional care, or may place the child in proctor foster homes temporarily or as a member of a family. An agency maintains custody, control and guardianship of, and responsibility for, a child placed with a proctor foster home by the agency. If the agency deems the action proper and desirable, the agency may consent in loco parentis to the legal adoption of the child, subject to the conditions provided in ORS 418.270 (Surrender of child to child-caring agency). [Formerly 419.130; 1967 c.375 §1; 1973 c.823 §134; 1983 c.510 §11; 2016 c.106 §15]
Chapter 418

Notes of Decisions

Where plaintiffs brought action under 42 U.S.C. 1983 alleging violation of federal civil rights after defendant Children’s Services Division employees removed plaintiffs’ child from home following reports of abuse, CSD workers entitled to absolute immunity in investigation, taking child into custody and keeping plaintiffs from visiting child. Tennyson v. Children’s Services Division, 308 Or 80, 775 P2d 1365 (1989)

Last accessed
May. 15, 2020