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)

Upon the filing of a motion to establish guardianship under this section, the court shall make a finding, subject to the procedures under ORS 419B.636 (Inquiry to determine whether child is Indian child) (4), regarding whether there is reason to know that the child is an Indian child.

(4)

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.

(5)

Intentionally left blank —Ed.

(a)

Notwithstanding subsection (4) of this section, the court may grant the permanent guardianship of an Indian child only:

(A)

If the court has offered the parties the opportunity to participate in mediation as required under ORS 419B.517 (Mediation to be encouraged);

(B)

If requested by the tribe, an agreement is in place that requires the proposed guardian to maintain connection between the Indian child and the Indian child’s tribe; and

(C)

If after inquiry as required under ORS 419B.636 (Inquiry to determine whether child is Indian child) (2) and notice as required under ORS 419B.639 (Notice to tribe in emergency proceeding) (2), and in addition to any other findings required for the termination of parental rights under ORS 419B.500 (Termination of parental rights generally) to 419B.524 (Effect of termination order), the court finds:
(i)
That evidence, including the testimony of one or more qualified expert witnesses under ORS 419B.642 (Qualified expert witness), establishes beyond a reasonable doubt that the continued custody of the Indian child by the child’s parent or custody by the child’s Indian custodian is likely to result in serious emotional or physical damage to the Indian child;
(ii)
That active efforts under ORS 419B.645 (Active efforts) to reunite the Indian family did not eliminate the necessity for permanent guardianship based on serious emotional or physical damage to the Indian child; and
(iii)
That the placement of the Indian child complies with the placement preferences described in ORS 419B.654 (Placement preferences) (1).

(b)

The evidence under paragraph (a) of this subsection must show a causal relationship between the particular conditions in the Indian child’s home and the likelihood that custody or continued custody of the Indian child will result in serious emotional or physical damage to the particular Indian child who is the subject of the child custody proceeding, as defined in ORS 419B.603 (Definitions). Evidence that shows the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior does not, by itself, establish a causal relationship as required by this paragraph.

(c)

As used in this subsection, “custody” and “continued custody” have the meanings described in ORS 419B.606 (Custody).

(6)

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; 2020 s.s.1 c.14 §43; 2021 c.398 §60]

Source: Section 419B.365 — Permanent guardianship; petition; when filed; procedure, https://www.­oregonlegislature.­gov/bills_laws/ors/ors419B.­html.

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)

Court could not under probate code appoint grandfather as guardian for child of which juvenile court had taken wardship, because guardianship proceedings under juvenile dependency code are exclusive means for establishing guardianship for ward within juvenile court’s exclusive dependency jurisdiction and probate code does not provide alternative means for establishing guardianship. Keffer v. A.R.M., 313 Or App 503, 497 P3d 781 (2021)

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