ORS 419B.368
Review, modification or vacation of guardianship order

(1)

The court, on its own motion or upon the motion of a party and after such hearing as the court may direct, may review, modify or vacate a guardianship order.

(2)

The court may modify a guardianship order if the court determines to do so would be in the ward’s best interests.

(3)

The court may vacate a guardianship order, return the ward to the custody of a parent and make any other order the court is authorized to make under this chapter if the court determines that:

(a)

It is in the ward’s best interests to vacate the guardianship;

(b)

The conditions and circumstances giving rise to the establishment of the guardianship have been ameliorated; and

(c)

The parent is presently able and willing to adequately care for the ward.

(4)

The court may vacate a guardianship order after determining that the guardian is no longer willing or able to fulfill the duties of a guardian. Upon vacating a guardianship order under this subsection, the court shall conduct a hearing:

(a)

Within 14 days, make written findings required in ORS 419B.185 (Evidentiary hearing) (2) and (3)(d) and (e) and make any order directing disposition of the ward that the court is authorized to make under this chapter; and

(b)

Pursuant to ORS 419B.476 (Conduct of hearing) within 90 days.

(5)

In determining whether it is in the ward’s best interests to modify or vacate a guardianship, the court shall consider, but is not limited to considering:

(a)

The ward’s emotional and developmental needs;

(b)

The ward’s need to maintain existing attachments and relationships and to form attachments and relationships, including those with the birth family;

(c)

The ward’s health and safety; and

(d)

The ward’s wishes.

(6)

In addition to service required under ORS 419B.851 (Service of process), a party filing a motion to vacate a guardianship shall serve the motion upon the Department of Human Services.

(7)

Notwithstanding subsection (1) of this section, a parent may not move the court to vacate a guardianship once a guardianship is granted under ORS 419B.365 (Permanent guardianship).

(8)

If a guardianship is established under ORS 419B.366 (Guardianship) and 419B.371 (Community guardianship), the court shall conduct a court review not later than 60 days before the ward reaches 18 years of age. At the hearing, the court shall inform the ward that after reaching 18 years of age the ward may not be placed in substitute care in the legal custody of the Department of Human Services. [2003 c.229 §4; 2007 c.333 §4; 2007 c.806 §7; 2012 c.86 §3; 2020 s.s.1 c.14 §58; 2021 c.398 §72]

Source: Section 419B.368 — Review, modification or vacation of guardianship order, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html.

Notes of Decisions

Statutory guardianship test is not applicable and guardianship is automatically terminated if original basis for juvenile court’s jurisdiction ceases. Dept. of Human Services v. J.C., 289 Or App 19, 407 P3d 969 (2017)

419B.005
Definitions 419B.007
Policy 419B.010
Duty of officials to report child abuse 419B.015
Report form and content 419B.016
Offense of false report of child abuse 419B.017
Time limits for notification between law enforcement agencies and Department of Human Services 419B.019
Investigation of report involving school 419B.020
Duty of department or law enforcement agency receiving report 419B.021
Degree requirements for persons conducting investigation or making determination regarding child 419B.023
Duties of person conducting investigation under ORS 419B.020 419B.025
Immunity of person making report in good faith 419B.026
Required findings for investigation conducted under ORS 419B.020 419B.028
Photographing child during investigation 419B.030
Central registry of reports 419B.035
Confidentiality of records 419B.040
Certain privileges not grounds for excluding evidence in court proceedings on child abuse 419B.045
Investigation conducted on school premises 419B.050
Authority of health care provider to disclose information 419B.055
Action by Attorney General for protective order on behalf of department employee 419B.090
Juvenile court 419B.100
Jurisdiction 419B.110
Emergency medical care 419B.112
Court appointed special advocate 419B.116
Intervention 419B.117
Notice to parents or guardian of child 419B.118
Venue 419B.121
Return of runaway children to another state 419B.124
Transfer to juvenile court from another court 419B.127
Transfer to court of county of child or ward’s residence 419B.130
Delegation of jurisdiction by county of residence 419B.132
Delegation of jurisdiction among county juvenile courts 419B.135
Transfer of case 419B.150
When protective custody authorized 419B.152
Protective custody of runaway child 419B.155
Protective custody not arrest 419B.157
Jurisdiction attaches at time of custody 419B.160
Prohibition on detention 419B.165
Release of child taken into custody 419B.168
Procedure when child is not released 419B.171
Report required when child is taken into protective custody 419B.175
Initial disposition of child taken into protective custody 419B.180
Shelter facilities 419B.183
Speedy hearing required 419B.185
Evidentiary hearing 419B.192
Placement of child or ward 419B.194
Participation in extracurricular activities 419B.195
Appointment of counsel for child or ward 419B.198
Responsibility for payment of costs related to provision of appointed counsel for child or ward 419B.201
Compensation for court-appointed counsel for child or ward under ORS 135.055 419B.205
Appointment of counsel for parent or legal guardian 419B.208
Other law applicable to appointment of counsel 419B.211
Motion to withdraw as counsel 419B.220
Appointment of surrogate 419B.223
Duties and tenure of surrogate 419B.231
Appointment 419B.234
Qualifications 419B.237
Duration of appointment 419B.305
When hearing must be held 419B.310
Conduct of hearings 419B.325
Disposition required 419B.328
Ward of the court 419B.331
When protective supervision authorized 419B.334
Placement out of state 419B.335
Department of Human Services reports regarding out-of-state placements 419B.337
Commitment to custody of Department of Human Services 419B.340
Reasonable or active efforts determination 419B.343
Recommendations of committing court 419B.346
Medical planning 419B.349
Court authority to review placement or proposed placement 419B.351
Court approval of placement in qualified residential treatment program 419B.352
Hospitalization 419B.365
Permanent guardianship 419B.366
Guardianship 419B.367
Letters of guardianship 419B.368
Review, modification or vacation of guardianship order 419B.369
Guardianship study 419B.371
Community guardianship 419B.372
Guardianship as incident of custody 419B.373
Duties and authority of legal custodian 419B.376
Duties and authority of guardian 419B.379
Guardian is not conservator 419B.385
Parent or guardian as party 419B.387
Parent participation in treatment or training 419B.389
Inability of parent to comply with order of court 419B.395
Judgment of parentage or nonparentage 419B.400
Authority to order support 419B.402
Support order is judgment 419B.404
Support for child or ward in state financed or supported institution 419B.406
Assignment of support order to state 419B.408
Enforcement of support order 419B.440
Circumstances requiring reports 419B.443
Time and content of reports 419B.446
Filing report 419B.449
Review hearing by court 419B.452
Distribution of report by court 419B.460
Agency’s responsibility 419B.470
Permanency hearing 419B.473
Notice 419B.476
Conduct of hearing 419B.498
Termination of parental rights 419B.500
Termination of parental rights generally 419B.502
Termination upon finding of extreme conduct 419B.504
Termination upon finding of unfitness 419B.506
Termination upon finding of neglect 419B.508
Termination upon finding of abandonment 419B.510
Termination upon finding child conceived as result of rape 419B.517
Mediation to be encouraged 419B.518
Appointment of counsel for parents 419B.521
Conduct of termination hearing 419B.524
Effect of termination order 419B.527
Disposition of ward after termination 419B.529
Adoption after permanent commitment or surrender 419B.530
Representation by Attorney General 419B.532
Reinstatement of parental rights 419B.550
Definitions for ORS 419B.550 to 419B.558 419B.552
Application for emancipation judgment 419B.555
Hearing 419B.558
Entry of judgment of emancipation 419B.600
Policy on Indian child welfare 419B.603
Definitions 419B.606
Custody 419B.609
Acknowledgment or establishment of parentage 419B.612
Best interests of Indian child 419B.615
Assistance enrolling child in tribe 419B.618
Determination of Indian child’s tribe 419B.621
Judicial determination of Indian child’s residence, domicile and status as ward 419B.622
Domicile 419B.624
Tribal-state agreements 419B.627
Jurisdiction 419B.630
Motion to transfer to tribal court 419B.633
Transfer to tribal court 419B.636
Inquiry to determine whether child is Indian child 419B.639
Notice to tribe in emergency proceeding 419B.642
Qualified expert witness 419B.645
Active efforts 419B.646
Right to appear 419B.647
Right to counsel 419B.648
Right to examine reports or documents 419B.651
Vacating order or judgment regarding jurisdiction, placement, guardianship or termination of parental rights 419B.652
Determination regarding improper removal or retainment 419B.654
Placement preferences 419B.656
Tribal customary adoption 419B.657
Reports to Legislative Assembly 419B.660
Conflict of laws 419B.663
Full faith and credit 419B.665
Rules 419B.800
Applicability of ORS 419B.800 to 419B.929 419B.803
Jurisdiction 419B.806
Consolidation 419B.809
Petition 419B.812
Issuance of summons 419B.815
Summons for proceeding to establish jurisdiction under ORS 419B.100 419B.816
Notice to person contesting petition to establish jurisdiction 419B.818
Form of summons under ORS 419B.815 419B.819
Summons for proceeding to establish permanent guardianship or terminate parental rights 419B.820
Notice to parent contesting petition to establish permanent guardianship or terminate parental rights 419B.822
Form of summons under ORS 419B.819 419B.823
Service of summons generally 419B.824
Methods of serving summons 419B.827
Responsibility for costs of service of summons and travel expenses of party summoned 419B.830
Return of summons 419B.833
Proof of service of summons or mailing 419B.836
Effect of error in summons or service of summons 419B.839
Required and discretionary summons 419B.842
When arrest warrant authorized 419B.845
Restraining order when child abuse alleged 419B.846
Service of restraining order 419B.848
Process generally 419B.851
Service of process 419B.854
Computing statutory time periods 419B.857
Pleadings 419B.860
Motions 419B.863
Pleadings 419B.866
Signing pleadings required 419B.869
Responding to pleadings 419B.872
Amendment of pleadings 419B.875
Parties to proceedings 419B.876
Visitation or other contact between grandparent and ward 419B.878
Judicial inquiry and finding regarding whether child is Indian child 419B.881
Disclosure 419B.884
Depositions 419B.887
Objections at depositions 419B.890
Dismissal of petition at end of petitioner’s case 419B.893
Subpoenas generally 419B.896
Subpoena for production of books, papers, documents and other tangible things 419B.899
Issuance of subpoena 419B.902
Service of subpoena 419B.905
Subpoena of incarcerated witness 419B.908
Witness fees 419B.911
Failure to obey subpoena 419B.914
Proceeding when person entitled to service is not summoned and is not before court 419B.918
Manner of appearance 419B.920
New hearings 419B.923
Modifying or setting aside order or judgment 419B.926
Stay of order or judgment pending appeal 419B.929
Enforcement of certain orders and judgments 419B.950
Educational program regarding federal and state adoption and child welfare laws 419B.953
Training and continuing education for caseworkers
Green check means up to date. Up to date

Current through early 2024

§ 419B.368’s source at oregon​.gov