ORS 419B.373
Duties and authority of legal custodian

A person, agency or institution having legal custody of a ward has the following duties and authority:


To have physical custody and control of the ward.


To supply the ward with food, clothing, shelter and incidental necessaries.


To provide the ward with care, education and discipline.


To authorize ordinary medical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the ward, and, in an emergency where the ward’s safety appears urgently to require it, to authorize surgery or other extraordinary care.


To make such reports and to supply such information to the court as the court may from time to time require.


To apply for any Social Security benefits, public assistance or medical assistance, as defined in ORS 414.025 (Definitions for ORS chapters 411, 413 and 414), to which the ward is otherwise entitled and to use the benefits or assistance to provide for the care of the ward. [1993 c.33 §115; 1993 c.367 §1; 2003 c.396 §65; 2013 c.688 §88]
§§ 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

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)

Last accessed
May. 15, 2020