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

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.

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

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:

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

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

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

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:

Within 14 days, make written findings required in ORS 419B.185 (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

Pursuant to ORS 419B.476 within 90 days.

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:

The ward’s emotional and developmental needs;

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

The ward’s health and safety; and

The ward’s wishes.

In addition to service required under ORS 419B.851:

A party filing a motion to vacate a guardianship shall serve the motion upon the Department of Human Services.

A party filing a motion to terminate wardship under ORS 419B.328 shall serve the motion upon the department.

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.

If a guardianship is established under ORS 419B.366 and 419B.371, 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.