|
Or. Rev. Stat. § 419B.365
Oregon
Revised Statutes
Title
34. Human Services; Juvenile Code; Corrections
Chapter 419B. Juvenile Code: Dependency
Juvenile
Court (Permanent
Guardianship)
§ 419B.365. Petition for permanent guardianship; appointment of guardian; powers and duties of guardian; orders
(1) At any time following establishment of jurisdiction and wardship under
ORS 419B.100, but prior to 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.
(2)
The grounds for granting a permanent guardianship are the same as those
for termination of parental rights.
(3)
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.
(4)
If an Indian child is involved, the permanent guardianship must be in
compliance with the Indian Child Welfare Act. Notwithstanding subsection
(3) of this section, the facts supporting any finding made to establish
a permanent 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 beyond a
reasonable doubt.
(5)
Unless vacated under ORS 419B.368, 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.
Laws
1997, c. 873, § 3; Laws 1999, c. 59, § 119; Laws 1999, c. 859,
§ 23; Laws 2003, c. 229, § 6; Laws 2003, c. 396, § 63a.
|