ORS 419B.367¹
Letters of guardianship
  • reports by guardian
  • review of reports
  • legal status and liability of guardian

(1) Upon granting a motion for guardianship under ORS 419B.366 (Guardianship) or upon granting a petition for guardianship under ORS 419B.365 (Permanent guardianship), the court shall issue letters of guardianship to the guardian. As provided in ORS 419A.255 (Maintenance), a guardian may disclose letters of guardianship when necessary to fulfill the duties of a guardian. Letters of guardianship must be in substantially the following form:


State of Oregon, )


County of ___ ) GUARDIANSHIP


That on ______ (month) ___ (day), 2___, the ______ Court,

______ County, State of Oregon, appointed ________ (name of guardian) guardian for ________ (name of ward) and that the named guardian has qualified and has the authority and duties of guardian for the named ward including legal custody of the ward, except as provided below.

IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ______ (month) ___ (day), 2___.


______, Clerk of the Court

By ______, Deputy


(2) In the order appointing the guardian, the court shall require the guardian to file with the court a written report within 30 days after each anniversary of appointment and may:

(a) Specify the frequency and nature of visitation or contact between relatives, including siblings, and the ward, if the court determines that visitation or contact is in the ward’s best interests;

(b) Enter an order for child support pursuant to ORS 419B.400 (Authority to order support) that complies with ORS 25.275 (Formula for determining child support awards); and

(c) Make any other order to provide for the ward’s continuing safety and well-being.

(3) The report required under subsection (2) of this section must:

(a) Contain a summary sheet that:

(A) Identifies the written report and includes the date of submission and the name of the submitting person; and

(B) Is maintained as part of the record of the case under ORS 419A.255 (Maintenance) (1);

(b) Be maintained in the supplemental confidential file under ORS 419A.255 (Maintenance) (2); and

(c) Contain an affidavit attesting to the accuracy of the report or contain a declaration under penalty of perjury immediately above the signature line of the guardian as follows: “I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.”

(4)(a) Upon timely receipt of a report under subsection (2) of this section, the court shall review the report and maintain the report as described in subsection (3) of this section. The court may:

(A) Direct the local citizen review board to conduct a review;

(B) Subject to the availability of funds, appoint a court visitor and require the visitor to file a report with the court; or

(C) Conduct a court review.

(b) If the court does not receive a report under subsection (2) of this section in a timely manner, the court shall:

(A) Direct the local citizen review board to conduct a review;

(B) Subject to the availability of funds, appoint a court visitor and require the visitor to file a report with the court; or

(C) Conduct a court review.

(5) Except as otherwise limited by the court, a person appointed guardian has legal custody of the ward and the duties and authority of legal custodian and guardian under ORS 419B.373 (Duties and authority of legal custodian) and 419B.376 (Duties and authority of guardian). A guardian is not liable to third persons for acts of the ward solely by reason of being appointed guardian. [2003 c.229 §3; 2005 c.84 §1; 2007 c.333 §3; 2013 c.417 §6; 2015 c.119 §4; 2015 c.121 §11]

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appoint­ment of “independent counsel” to represent the child in every adop­tion or termina­tion of parental rights pro­ceed­ing. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When sec­ond termina­tion of parental rights pro­ceed­ing was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first pro­ceed­ing. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are al­ways implicated in construc­tion and applica­tion of pro­vi­sions of this chapter. Depart­ment of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)

1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419B.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 419B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419B.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information