ICWA Guide Online  |   Oregon Statutes
Federal Resources | Resources by State

Or. Rev. Stat. § 419B.366

Oregon Revised Statutes

Title 34. Human Services; Juvenile Code; Corrections

Chapter 419B. Juvenile Code: Dependency

Juvenile Court

(Permanent Guardianship)


§ 419B.366. Rights of limited participation in guardianship proceeding


(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.


(2) Except as otherwise provided in subsection (3) of this section, the facts supporting any finding made or relief granted under this section must be established by a preponderance of evidence.


(3) If an Indian child is involved, the guardianship must be in compliance with the Indian Child Welfare Act. The facts supporting any finding made to establish a 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 child, must be established by clear and convincing evidence.


(4) In a proceeding under this section, the court may receive testimony and reports as provided in ORS 419B.325.


(5) If the court has approved a plan of guardianship under ORS 419B.476, the court may grant the motion for guardianship if the court determines, after a hearing, that:


(a) The child cannot safely return to a parent within a reasonable time;


(b) Adoption is not an appropriate plan for the child;


(c) The proposed guardian is suitable to meet the needs of the child and is willing to accept the duties and authority of a guardian; and


(d) Guardianship is in the child's best interests. In determining whether guardianship is in the child's best interests, the court shall consider the child's wishes.


(6) Unless vacated pursuant to ORS 419B.368, a guardianship established under this section continues as long as the child is subject to the court's jurisdiction as provided in ORS 419B.328.


Laws 2003, c. 229, § 2.