ORS 419B.365
Permanent guardianship; petition; when filed; procedure


(1)

At any time following establishment of jurisdiction and wardship under ORS 419B.100 (Jurisdiction), but prior to filing of a petition under ORS 419B.500 (Termination of parental rights generally), or after dismissal of a petition filed under ORS 419B.500 (Termination of parental rights generally) if it fails to result in termination of the parent’s rights, a party, or person granted rights of limited participation for the purpose of filing a guardianship petition, may file, and the court may hear, a petition for permanent guardianship. If the Department of Human Services chooses not to participate in a proceeding initiated by an intervenor under ORS 419B.875 (Parties to proceedings), the state is not foreclosed from filing a subsequent action should the intervenor’s petition be denied.

(2)

The grounds for granting a permanent guardianship are the same as those for termination of parental rights.

(3)

The court shall grant a permanent guardianship if it finds by clear and convincing evidence that:

(a)

The grounds cited in the petition are true; and

(b)

It is in the best interest of the ward that the parent never have physical custody of the ward but that other parental rights and duties should not be terminated.

(4)

If an Indian child is involved, the permanent guardianship must be in compliance with the Indian Child Welfare Act. Notwithstanding subsection (3) of this section, the facts supporting any finding made to establish a permanent guardianship for an Indian child, including the finding that continued custody by the parents or Indian custodian would result in serious emotional or physical harm to the Indian child, must be established beyond a reasonable doubt.

(5)

Unless vacated under ORS 419B.368 (Review, modification or vacation of guardianship order), a guardianship established under this section continues as long as the ward is subject to the court’s jurisdiction as provided in ORS 419B.328 (Ward of the court). [1997 c.873 §3; 1999 c.59 §119; 1999 c.859 §23; 2003 c.229 §6; 2003 c.396 §63a; 2007 c.333 §1]
§§ 419B.500 to 419B.524

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appointment of “independent counsel” to represent the child in every adoption or termination of parental rights proceeding. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When second termination of parental rights proceeding was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first proceeding. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Notes of Decisions

Juvenile court initiating guardianship must proceed under guardianship statute found in juvenile code, not guardianship statute under probate code. Kelley v. Gibson, 184 Or App 343, 56 P3d 925 (2002)

Chapter 419B

Notes of Decisions

Due process rights of parents are always implicated in construction and application of provisions of this chapter. Department of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)


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Last accessed
May. 15, 2020