Oregon Law
Law as of Jan 1, 2024
Chapter contents
419B.005Definitions 419B.007Policy 419B.010Duty of officials to report child abuse; exceptions; penalty 419B.015Report form and content; notice 419B.016Offense of false report of child abuse 419B.017Time limits for notification between law enforcement agencies and Department of Human Services; rules 419B.019Investigation of report involving school; notification; report to Legislative Assembly; rules 419B.020Duty of department or law enforcement agency receiving report; investigation; notice; physical examination; child’s consent; notice at conclusion of investigation 419B.021Degree requirements for persons conducting investigation or making determination regarding child 419B.022[2007 c.674 §1; 2019 c.555 §7; renumbered 418.804 in 2019] 419B.023Duties of person conducting investigation under ORS 419B.020 419B.024[2007 c.674 §4; 2017 c.469 §1; 2019 c.555 §6; renumbered 418.811 in 2019] 419B.025Immunity of person making report in good faith 419B.026Required findings for investigation conducted under ORS 419B.020 419B.027Notice of founded disposition 419B.028Photographing child during investigation; photographs as records 419B.029Power to subpoena documents and records in child abuse investigations 419B.030Central registry of reports 419B.035Confidentiality of records; when available to others; rules 419B.040Certain privileges not grounds for excluding evidence in court proceedings on child abuse 419B.045Investigation conducted on school premises; notification; role of school personnel 419B.050Authority of health care provider to disclose information; immunity from liability 419B.055Action by Attorney General for protective order on behalf of department employee; written request; eligible employees 419B.090Juvenile court; jurisdiction; policy 419B.100Jurisdiction; bases; Indian children 419B.110Emergency medical care; court may authorize 419B.112Court appointed special advocate; duties; immunity; access to information; funding; rules 419B.115[1993 c.546 §25; 1997 c.479 §2; 1997 c.873 §21; 1999 c.859 §7; 2001 c.214 §1; 2001 c.622 §§39,39a; 2001 c.962 §83; renumbered 419B.875 in 2001] 419B.116Intervention; caregiver relationship; rights of limited participation 419B.117Notice to parents or guardian of child; when given; contents 419B.118Venue 419B.121Return of runaway children to another state 419B.124Transfer to juvenile court from another court 419B.127Transfer to court of county of child or ward’s residence 419B.130Delegation of jurisdiction by county of residence 419B.132Delegation of jurisdiction among county juvenile courts 419B.135Transfer of case; transportation of child or ward 419B.150When protective custody authorized; protective custody order 419B.152Protective custody of runaway child 419B.155Protective custody not arrest 419B.157Jurisdiction attaches at time of custody 419B.160Prohibition on detention; exceptions; place of holding; record; parental notice required 419B.165Release of child taken into custody; rules 419B.168Procedure when child is not released 419B.171Report required when child is taken into protective custody 419B.175Initial disposition of child taken into protective custody 419B.180Shelter facilities 419B.183Speedy hearing required 419B.185Evidentiary hearing 419B.190[1993 c.295 §2; 1997 c.863 §3; 1999 c.65 §1; 2001 c.622 §37; renumbered 419B.845 in 2001] 419B.192Placement of child or ward; preference given to relatives and caregivers; written findings of court required 419B.193Search for substitute care placements among relatives; notices to parents and certain relatives 419B.194Participation in extracurricular activities; reasonable and prudent parent standard; fees; rules 419B.195Appointment of counsel for child or ward; access of appointed counsel to records of child or ward 419B.198Responsibility for payment of costs related to provision of appointed counsel for child or ward 419B.201Compensation for court-appointed counsel for child or ward under ORS 135.055 419B.205Appointment of counsel for parent or legal guardian 419B.208Other law applicable to appointment of counsel 419B.211Motion to withdraw as counsel 419B.220Appointment of surrogate 419B.223Duties and tenure of surrogate 419B.230[1993 c.33 §85; 1993 c.546 §39; repealed by 2001 c.622 §57] 419B.231Appointment; hearing; findings 419B.233[1993 c.33 §87; repealed by 2001 c.622 §57] 419B.234Qualifications; duties; privilege 419B.236[1993 c.33 §88; repealed by 2001 c.622 §57] 419B.237Duration of appointment; compensation 419B.239[1993 c.33 §89; 1993 c.546 §40; repealed by 2001 c.622 §57] 419B.242[1993 c.33 §90; 1993 c.546 §41; repealed by 2001 c.622 §57] 419B.245[1993 c.33 §91; 2001 c.622 §38; renumbered 419B.872 in 2001] 419B.260[1993 c.546 §43 (enacted in lieu of 1993 c.33 §92); 1997 c.707 §31; 1997 c.873 §12; 1999 c.302 §1; 2001 c.622 §36; renumbered 419B.806 in 2001] 419B.265[1993 c.33 §93; 1993 c.546 §44; 1995 c.273 §21; repealed by 2001 c.622 §57] 419B.268[1993 c.33 §94; 1993 c.295 §3; 1993 c.546 §45; repealed by 2001 c.622 §57] 419B.271[1993 c.33 §95; 1993 c.295 §4; 1993 c.546 §46; 1995 c.273 §22; repealed by 2001 c.622 §57] 419B.274[1993 c.33 §96; repealed by 2001 c.622 §57] 419B.277[1993 c.33 §97; 1993 c.546 §47; repealed by 2001 c.622 §57] 419B.280[1993 c.33 §98; renumbered 419B.827 in 2001] 419B.282[1993 c.33 §99; 2001 c.622 §48; renumbered 419B.842 in 2001] 419B.285[1993 c.33 §100; 1993 c.546 §48; 2001 c.622 §41; renumbered 419B.914 in 2001] 419B.300[1993 c.546 §50; 2001 c.622 §40; renumbered 419B.881 in 2001] 419B.305When hearing must be held; continuation; priority 419B.310Conduct of hearings 419B.315[1993 c.546 §53; 2001 c.622 §55; renumbered 419B.884 in 2001] 419B.317[1993 c.33 §102; repealed by 2001 c.622 §57] 419B.320[1993 c.33 §103; 2001 c.104 §151; 2001 c.338 §1; 2001 c.962 §48; renumbered 419B.908 in 2001] 419B.325Disposition required; evidence 419B.328Ward of the court; duration of wardship 419B.331When protective supervision authorized; conditions that may be imposed 419B.334Placement out of state 419B.335Department of Human Services reports regarding out-of-state placements 419B.337Commitment to custody of Department of Human Services 419B.340Reasonable or active efforts determination 419B.343Recommendations of committing court; case planning; plan contents 419B.346Medical planning 419B.349Court authority to review placement or proposed placement 419B.350[1997 c.873 §15; 1999 c.859 §13; repealed by 2001 c.686 §25] 419B.351Court approval of placement in qualified residential treatment program 419B.352Hospitalization; mental health examination 419B.354[2019 c.619 §3; 2019 c.619 §3a; 2020 s.s.1 c.19 §§11a,11b; 2021 c.387 §3; 2021 c.489 §59; renumbered 418.322 in 2021] 419B.356[2019 c.619 §5; repealed by 2020 s.s.1 c.19 §12a] 419B.358[2019 c.619 §6; repealed by 2020 s.s.1 c.19 §13a] 419B.360[2019 c.619 §7; repealed by 2020 s.s.1 c.19 §14a] 419B.365Permanent guardianship; petition; when filed; procedure 419B.366Guardianship; motion; procedure 419B.367Letters of guardianship; reports by guardian; review of reports; legal status and liability of guardian 419B.368Review, modification or vacation of guardianship order 419B.369Guardianship study; rules 419B.370[1993 c.33 §114; 1993 c.367 §3; 2003 c.229 §10; 2003 c.396 §64; renumbered 419B.372 in 2013] 419B.371Community guardianship 419B.372Guardianship as incident of custody 419B.373Duties and authority of legal custodian 419B.376Duties and authority of guardian 419B.379Guardian is not conservator 419B.385Parent or guardian as party 419B.387Parent participation in treatment or training 419B.389Inability of parent to comply with order of court 419B.395Judgment of parentage or nonparentage 419B.400Authority to order support; collection 419B.402Support order is judgment; modification; satisfaction 419B.404Support for child or ward in state financed or supported institution 419B.406Assignment of support order to state 419B.408Enforcement of support order 419B.420[1993 c.33 §126; repealed by 2001 c.622 §57] 419B.423[1993 c.33 §127; 1993 c.546 §125; repealed by 2001 c.622 §57] 419B.426[1993 c.33 §128; repealed by 2001 c.622 §57] 419B.440Circumstances requiring reports; exceptions 419B.443Time and content of reports 419B.446Filing report 419B.449Review hearing by court; findings 419B.452Distribution of report by court 419B.460Agency’s responsibility 419B.470Permanency hearing; schedule 419B.473Notice; appearance 419B.476Conduct of hearing; court determinations; orders 419B.498Termination of parental rights; petition by Department of Human Services; when required 419B.500Termination of parental rights generally 419B.502Termination upon finding of extreme conduct 419B.504Termination upon finding of unfitness 419B.506Termination upon finding of neglect 419B.508Termination upon finding of abandonment 419B.510Termination upon finding child conceived as result of rape 419B.515[1993 c.33 §143; 1993 c.546 §57; repealed by 2001 c.622 §57] 419B.517Mediation to be encouraged 419B.518Appointment of counsel for parents 419B.521Conduct of termination hearing 419B.524Effect of termination order 419B.527Disposition of ward after termination 419B.529Adoption after permanent commitment or surrender; procedure; certain fees prohibited 419B.530Representation by Attorney General 419B.532Reinstatement of parental rights; rules 419B.550Definitions for ORS 419B.550 to 419B.558 419B.552Application for emancipation judgment; effect of judgment 419B.555Hearing; notice to parent; duty to advise minor of liabilities of emancipated person; filing fee 419B.558Entry of judgment of emancipation 419B.600Policy on Indian child welfare 419B.603Definitions 419B.606Custody; presumption of continued custody 419B.609Acknowledgment or establishment of parentage 419B.612Best interests of Indian child 419B.615Assistance enrolling child in tribe; notice to parents 419B.618Determination of Indian child’s tribe 419B.621Judicial determination of Indian child’s residence, domicile and status as ward 419B.622Domicile 419B.624Tribal-state agreements 419B.627Jurisdiction; limitations; tribal court assumption of jurisdiction 419B.630Motion to transfer to tribal court; objection; good cause to deny transfer 419B.633Transfer to tribal court 419B.636Inquiry to determine whether child is Indian child; when there is reason to know child is Indian child; notice 419B.639Notice to tribe in emergency proceeding; notice in other proceedings; form and timing of notice; exception 419B.642Qualified expert witness 419B.645Active efforts 419B.646Right to appear; withdrawal by party 419B.647Right to counsel 419B.648Right to examine reports or documents 419B.651Vacating order or judgment regarding jurisdiction, placement, guardianship or termination of parental rights; effect of vacated order or judgment 419B.652Determination regarding improper removal or retainment; effect of determination; exception 419B.654Placement preferences; motion for placement contrary to preferences for good cause 419B.656Tribal customary adoption; rules; forms 419B.657Reports to Legislative Assembly 419B.660Conflict of laws 419B.663Full faith and credit 419B.665Rules 419B.800Applicability of ORS 419B.800 to 419B.929 419B.803Jurisdiction 419B.806Consolidation; when required; procedures 419B.809Petition; contents; form; dismissal 419B.812Issuance of summons; time for hearing on petition 419B.815Summons for proceeding to establish jurisdiction under ORS 419B.100; contents; failure to appear 419B.816Notice to person contesting petition to establish jurisdiction 419B.818Form of summons under ORS 419B.815 419B.819Summons for proceeding to establish permanent guardianship or terminate parental rights; contents; failure to appear 419B.820Notice to parent contesting petition to establish permanent guardianship or terminate parental rights 419B.821[2001 c.622 §8; 2003 c.230 §1; renumbered 419B.823 in 2003] 419B.822Form of summons under ORS 419B.819 419B.823Service of summons generally 419B.824Methods of serving summons 419B.827Responsibility for costs of service of summons and travel expenses of party summoned 419B.830Return of summons 419B.833Proof of service of summons or mailing 419B.836Effect of error in summons or service of summons 419B.839Required and discretionary summons 419B.842When arrest warrant authorized 419B.845Restraining order when child abuse alleged 419B.846Service of restraining order 419B.848Process generally 419B.851Service of process; filing; proof of service 419B.854Computing statutory time periods 419B.857Pleadings; construction 419B.860Motions 419B.863Pleadings; captions 419B.866Signing pleadings required; effect of signing or not signing 419B.869Responding to pleadings; time limit 419B.872Amendment of pleadings 419B.875Parties to proceedings; rights of limited participation; status of grandparents; interpreters 419B.876Visitation or other contact between grandparent and ward; findings; order; appeal 419B.878Judicial inquiry and finding regarding whether child is Indian child 419B.881Disclosure; scope; when required; exceptions; breach of duty to disclose 419B.884Depositions; procedure 419B.887Objections at depositions; effect of failure to make timely objection; errors and irregularities in transcript preparation 419B.890Dismissal of petition at end of petitioner’s case; settlement conference 419B.893Subpoenas generally 419B.896Subpoena for production of books, papers, documents and other tangible things 419B.899Issuance of subpoena 419B.902Service of subpoena 419B.905Subpoena of incarcerated witness 419B.908Witness fees; payment 419B.911Failure to obey subpoena 419B.914Proceeding when person entitled to service is not summoned and is not before court 419B.917[2001 c.622 §31; repealed by 2003 c.205 §12 (419B.918 enacted in lieu of 419B.917)] 419B.918Manner of appearance 419B.920New hearings 419B.923Modifying or setting aside order or judgment 419B.926Stay of order or judgment pending appeal 419B.929Enforcement of certain orders and judgments 419B.950Educational program regarding federal and state adoption and child welfare laws; establishment; purpose 419B.953Training and continuing education for caseworkers

Chapter 419B — Juvenile Code: Dependency

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.

(2)

When the court grants legal custody to a private institution or agency or to a suitable person or entity, the court may grant guardianship of the ward to the private institution or agency to which the ward is committed or to the suitable person or entity if it appears necessary to do so in the interests of the ward.

(3)

Unless guardianship is granted as provided in subsection (1) or (2) of this section, the court as an incident of its wardship has the duties and authority of the guardian

as provided in ORS 419B.376 and 419B.379.

Official sources · 2Tap to view provenance and version history

Online copy of the published ORS edition

Provenance

Version history

Prior statutory text is not available in the ingested published editions. Consult an earlier official ORS edition or the cited Oregon Laws chapter.