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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.
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