2017 ORS 419B.368¹
Review, modification or vacation of guardianship order

(1) 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.

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

(3) 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:

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

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

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

(4) 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:

(a) Within 14 days, make written findings required in ORS 419B.185 (Evidentiary hearing) (1)(a), (d) and (e) and make any order directing disposition of the ward that the court is authorized to make under this chapter; and

(b) Pursuant to ORS 419B.476 (Conduct of hearing) within 90 days.

(5) 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:

(a) The ward’s emotional and developmental needs;

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

(c) The ward’s health and safety; and

(d) The ward’s wishes.

(6) In addition to service required under ORS 419B.851 (Service of process), a party filing a motion to vacate a guardianship shall serve the motion upon the Department of Human Services.

(7) 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 (Permanent guardianship).

(8) If a guardianship is established under ORS 419B.366 (Guardianship) and 419B.371 (Community guardianship), 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 of Human Services. [2003 c.229 §4; 2007 c.333 §4; 2007 c.806 §7; 2012 c.86 §3]

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 (2017) (last ac­cessed Mar. 30, 2018).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419B.­html (2017) (last ac­cessed Mar. 30, 2018).
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.