Chapter 419B — Chapter 419B

ORS 419B.358 [2019 c.619 §6; repealed by 2020 s.s.1 c.19 §13a]

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ORS 419B.360 [2019 c.619 §7; repealed by 2020 s.s.1 c.19 §14a]

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ORS 419B.365 Permanent guardianship; petition; when filed; procedure. (1) At any time following establishment of jurisdiction and wardship under ORS 419B.100, but prior to the filing of a petition under ORS 419B.500, or after dismissal of a petition filed under ORS 419B.500 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, the state is not foreclosed from filing a subsequent action should the intervenor’s petition be denied

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ORS 419B.366 Guardianship; motion; procedure. (1) A party, or a person granted rights of limited participation for the purpose of filing a guardianship motion, may file a motion to establish a guardianship. The motion must be in writing and state with particularity the factual and legal grounds for the motion

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ORS 419B.367 Letters of guardianship; reports by guardian; review of reports; legal status and liability of guardian. (1) Upon granting a motion for guardianship under ORS 419B.366 or upon granting a petition for guardianship under ORS 419B.365, the court shall issue letters of guardianship to the guardian. As provided in ORS 419A.255, a guardian may disclose letters of guardianship when necessary to fulfill the duties of a guardian. Letters of guardianship must be in substantially the following form

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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

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ORS 419B.369 Guardianship study; rules. (1) When a ward is in the legal custody of the Department of Human Services, the department shall conduct a guardianship study of the proposed guardian’s home and provide a report to the court regarding the suitability of the proposed guardian and whether guardianship is in the ward’s best interests. The department shall adopt rules necessary to carry out the duties imposed by this subsection

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ORS 419B.370 [1993 c.33 §114; 1993 c.367 §3; 2003 c.229 §10; 2003 c.396 §64; renumbered 419B.372 in 2013]

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ORS 419B.371 Community guardianship. (1) As used in this section

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ORS 419B.372 Guardianship as incident of custody. (1) When the court grants legal custody to the Department of Human Services, it may also grant guardianship of the ward to the department, to remain in effect solely while the ward remains in the legal custody of the department

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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

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ORS 419B.376 Duties and authority of guardian. A person, agency or institution having guardianship of a ward by reason of appointment by the court has the duties and authority of a guardian of the ward, including but not limited to the following

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ORS 419B.379 Guardian is not conservator. A person appointed guardian of the ward by the court is guardian only and not a conservator of the estate of the ward, unless that person is appointed conservator of the ward’s estate in a protective proceeding as provided in ORS chapter 125. [1993 c.33 §117; 1995 c.664 §94; 2003 c.396 §67]

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ORS 419B.385 Parent or guardian as party. A parent or legal guardian of a ward, if such parent or guardian was served with summons under ORS 419B.812 to 419B.839 prior to the adjudication, is subject to the jurisdiction of the court for purposes of this section. The court may order the parent or guardian to assist the court in any reasonable manner in providing appropriate education or counseling for the ward. [1993 c.33 §118; 2001 c.622 §49; 2003 c.396 §68]

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ORS 419B.387 Parent participation in treatment or training. If the court finds in an evidentiary hearing that treatment or training is needed by a parent to correct the circumstances that resulted in wardship or to prepare the parent to resume the care of the ward, the court may order the parent to participate in the treatment or training if the participation is in the ward’s best interests. [1993 c.546 §55 (enacted in lieu of 1993 c.33 §§119 and 120); 2003 c.396 §69]

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ORS 419B.389 Inability of parent to comply with order of court. A parent who believes or claims that financial, health or other problems will prevent or delay the parent’s compliance with an order of the court must inform the court of the relevant circumstances as soon as reasonably possible and, if appropriate, seek relief from the order under ORS 419B.923. [2001 c.360 §3; 2003 c.315 §1]

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ORS 419B.395 Judgment of parentage or nonparentage. (1) If in any proceeding under ORS 419B.100 or 419B.500 the juvenile court determines that the child or ward has fewer than two legal parents or that parentage is disputed as allowed in ORS 109.067 or 109.070, the court may enter a judgment of parentage or a judgment of nonparentage in compliance with the provisions of ORS 109.065, 109.067, 109.070, 109.124 to 109.171, 109.181 to 109.203, 109.326 and 419B.609

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ORS 419B.400 Authority to order support; collection. (1) The court may, after a hearing on the matter, require the parents or other person legally obligated to support a child alleged to be within the jurisdiction of the court under ORS 419B.100 or a ward to pay toward the child or ward’s support such amounts at such intervals as the court may direct, even though the child or ward is over 18 years of age as long as the child or ward is a child attending school, as defined in ORS 107.108

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ORS 419B.402 Support order is judgment; modification; satisfaction. (1) Pursuant to ORS 18.035, the court shall ensure that any order for support entered pursuant to ORS 419B.400 is entered as a judgment

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ORS 419B.404 Support for child or ward in state financed or supported institution. Any order for support entered pursuant to ORS 419B.400 for a child or ward in the care and custody of the Department of Human Services may be made contingent upon the child or ward residing in a state financed or supported residence, shelter or other facility or institution. A certificate signed by the Director of Human Services, the Administrator of the Division of Child Support or the administrator’s authorized representative shall be sufficient to establish such periods of residence and to satisfy the order for periods of nonresidence. [1993 c.33 §123; 2003 c.396 §71]

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ORS 419B.406 Assignment of support order to state. When a child or ward is in the legal custody of the Department of Human Services and the child or ward is the beneficiary of an order of support in a judgment of dissolution or other order and the department is required to provide financial assistance for the care and support of the child or ward, the state is assignee of and subrogated to the child or ward’s proportionate share of the support obligation including sums that have accrued whether or not the support order or judgment provides for separate monthly amounts for the support of each of two or more children or wards or a single monthly gross payment for the benefit of two or more children or wards, up to the amount of assistance provided by the department. The assignment shall be as provided in ORS 412.024. [1993 c.33 §124; 1999 c.80 §76; 2003 c.73 §67; 2003 c.396 §72; 2003 c.572 §18; 2003 c.576 §448]

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ORS 419B.408 Enforcement of support order. (1) An order of support entered pursuant to ORS 419B.400 may be enforced by execution or in the manner provided by law for the enforcement of a judgment granting an equitable remedy or by an order to withhold pursuant to ORS 25.372 to 25.427

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ORS 419B.420 [1993 c.33 §126; repealed by 2001 c.622 §57]

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ORS 419B.423 [1993 c.33 §127; 1993 c.546 §125; repealed by 2001 c.622 §57]

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ORS 419B.426 [1993 c.33 §128; repealed by 2001 c.622 §57]

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ORS 419B.440 Circumstances requiring reports; exceptions. (1) Any public or private agency having guardianship or legal custody of a child or ward pursuant to court order shall file reports on the child or ward with the juvenile court that entered the original order concerning the child or ward or, when no such order exists, with the juvenile court of the county of the child or ward’s residence in the following circumstances

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ORS 419B.443 Time and content of reports. (1) An agency described in ORS 419B.440 shall file the reports required by ORS 419B.440 (1)(b) at the end of the initial six-month period and no less frequently than each six months thereafter. The agency shall file reports more frequently if the court so orders. The reports must include, but not be limited to

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ORS 419B.446 Filing report. (1) Notwithstanding the requirements under ORS 419B.440 that reports be filed with the court, any report after the initial report that is required by ORS 419B.443 on a child or ward whose case is being regularly reviewed by a local citizen review board shall be filed with that local citizen review board rather than the court

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ORS 419B.449 Review hearing by court; findings. (1) Upon receiving any report required by ORS 419B.440, the court may hold a hearing to review the child or ward’s condition and circumstances and to determine if the court should continue jurisdiction and wardship or order modifications in the care, placement and supervision of the child or ward. The court shall hold a hearing

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ORS 419B.452 Distribution of report by court. Except when a child or ward has been surrendered for adoption or the parents’ rights have been terminated, the court shall send a copy of the report required by ORS 419B.440 to the parents and shall notify the parents either that a hearing will be held or that the parents may request a hearing at which time they may ask for modifications in the care, treatment and supervision of the child or ward. If the court finds that informing the parents of the identity and location of the foster parents of the child or ward is not in the best interest of the child or ward, the court may order such information deleted from the report before sending the report to the parents. If the child is an Indian child, the court shall send a copy of the report to the Indian child’s tribe as required by the notice requirements under ORS 419B.639. [1993 c.33 §133; 1993 c.546 §126; 2003 c.396 §78; 2020 s.s.1 c.14 §59; 2021 c.398 §74]

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ORS 419B.460 Agency’s responsibility. Where a child has been surrendered for adoption and the agency has not physically placed the child for adoption or initiated adoption proceedings within six months of receiving the child, the agency shall file a petition alleging that the child comes within the jurisdiction of the court. [1993 c.33 §134]

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ORS 419B.470 Permanency hearing; schedule. (1) The court shall conduct a permanency hearing within 30 days after a judicial finding is made under ORS 419B.340 (5) if, based upon that judicial finding, the Department of Human Services determines that it will not make reasonable efforts to reunify the family

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ORS 419B.473 Notice; appearance. (1) The court may order that the child or ward or any other person be present during the hearing

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ORS 419B.476 Conduct of hearing; court determinations; orders. (1) A permanency hearing shall be conducted in the manner provided in ORS 418.312, 419B.310, 419B.812 to 419B.839 and 419B.908, except that the court may receive testimony and reports as provided in ORS 419B.325

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ORS 419B.498 Termination of parental rights; petition by Department of Human Services; when required. (1) Except as provided in subsection (2) of this section, the Department of Human Services shall simultaneously file a petition to terminate the parental rights of a child or ward’s parents and identify, recruit, process and approve a qualified family for adoption if the child or ward is in the custody of the department and

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ORS 419B.500 Termination of parental rights generally. (1) The parental rights of the parents of a ward may be terminated as provided in this section and ORS 419B.502 to 419B.524, only upon a petition filed by the state or the ward for the purpose of freeing the ward for adoption if the court finds it is in the best interests of the ward and, if the ward is an Indian child, that the parents’ continued custody of the Indian child, as described in ORS 419B.606, is likely to result in serious emotional or physical harm to the ward. The rights of one parent may be terminated without affecting the rights of the other parent

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ORS 419B.502 Termination upon finding of extreme conduct. The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents are unfit by reason of a single or recurrent incident of extreme conduct toward any child. In such case, no efforts need to be made by available social agencies to help the parent adjust the conduct in order to make it possible for the child or ward to safely return home within a reasonable amount of time. In determining extreme conduct, the court shall consider the following

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ORS 419B.504 Termination upon finding of unfitness. The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents are unfit by reason of conduct or condition seriously detrimental to the child or ward and integration of the child or ward into the home of the parent or parents is improbable within a reasonable time due to conduct or conditions not likely to change. In determining such conduct and conditions

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ORS 419B.506 Termination upon finding of neglect. The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents have failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the child or ward for six months prior to the filing of a petition. In determining such failure or neglect, the court shall disregard any incidental or minimal expressions of concern or support and shall consider but is not limited to one or more of the following

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ORS 419B.508 Termination upon finding of abandonment. The rights of the parent or parents may be terminated as provided in ORS 419B.500 if the court finds that the parent or parents have abandoned the child or ward or the child or ward was left under circumstances such that the identity of the parent or parents of the child or ward was unknown and could not be ascertained, despite diligent searching, and the parent or parents have not come forward to claim the child or ward within three months following the finding of the child or ward. [1993 c.33 §142; 2003 c.396 §87]

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ORS 419B.510 Termination upon finding child conceived as result of rape. (1) The rights of the parent may be terminated as provided in ORS 419B.500 if the court finds that the child or ward was conceived as the result of an act that led to the parent’s conviction for rape under ORS 163.355, 163.365 or 163.375 or other comparable law of another jurisdiction

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ORS 419B.515 [1993 c.33 §143; 1993 c.546 §57; repealed by 2001 c.622 §57]

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ORS 419B.517 Mediation to be encouraged. (1) The use of mediation shall be encouraged in cases involving

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ORS 419B.518 Appointment of counsel for parents. (1) If the parents are determined to be financially eligible, and request the assistance of appointed counsel, the court shall appoint an attorney to represent them at state expense. Appointment of counsel under this section is subject to ORS 135.055, 151.216 and 151.219

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ORS 419B.521 Conduct of termination hearing. (1) The court shall hold a hearing on the question of terminating the rights of the parent or parents. The court may not hold the hearing any earlier than 10 days after service or final publication of the summons. The facts on the basis of which the rights of the parents are terminated, unless admitted, must be established by clear and convincing evidence and a stenographic or other report authorized by ORS 8.340 shall be taken of the hearing

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ORS 419B.524 Effect of termination order. (1) Except as provided in ORS 109.382, 109.383, 419B.532 or 419B.651, unless there is an appeal from the order terminating the rights of the parent or parents, the order permanently terminates all rights of the parent or parents whose rights are terminated and the parent or parents have no standing to appear as such in any legal proceeding concerning the ward

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ORS 419B.527 Disposition of ward after termination. (1) After the entry of an order terminating the rights of the parent or parents of the ward, the court may

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ORS 419B.529 Adoption after permanent commitment or surrender; procedure; certain fees prohibited. (1) Notwithstanding ORS 109.276, a prospective adoptive parent is not required to file a petition for adoption when

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ORS 419B.530 Representation by Attorney General. (1) Whenever a juvenile court has before it an action to terminate parental rights, the juvenile court or the Department of Human Services may request the services of the Attorney General

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ORS 419B.532 Reinstatement of parental rights; rules. (1) As used in this section, “former parent” means a person who was previously the legal parent of a ward and whose parental rights to the ward have been terminated

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