2015 ORS 419B.371¹
Community guardianship

This section is amended
Effective April 4, 2016
Relating to child welfare; creating new provisions; amending ORS 30.260, 109.070, 109.319, 128.640, 278.322, 418.205, 418.210, 418.215, 418.240, 418.246, 418.250, 418.255, 418.260, 418.263, 418.265, 418.270, 418.275, 418.280, 418.285, 418.290, 418.295, 418.305, 418.306, 418.312, 418.325, 418.327, 418.475, 418.485, 418.495, 418.625, 418.647, 418.950, 418.990, 418.992, 418.993, 418.995, 418.998, 419A.004, 419B.005, 419B.371, 441.277, 443.830, 479.210, 479.217, 497.162, 609.652 and 657.060; and declaring an emergency.

(1) As used in this section:

(a) "Community guardian" means a child-caring agency licensed under ORS 418.205 (Definitions for ORS 418.205 to 418.310 and 418.992 to 418.998) to 418.310 (Application of statutes to institutions caring for adults and children) that is filing a motion for appointment as guardian of a ward under ORS 419B.366 (Guardianship).

(b) "Community guardianship" means a guardianship granted under ORS 419B.366 (Guardianship) to a community guardian.

(2) The court may appoint a community guardian and establish a community guardianship of a ward under ORS 419B.366 (Guardianship) when, in addition to the requirements of ORS 419B.366 (Guardianship):

(a) The ward is 16 years of age or older;

(b) The ward has spent three or more years in substitute care;

(c) The proposed community guardian has provided care or services to the ward under ORS 418.205 (Definitions for ORS 418.205 to 418.310 and 418.992 to 418.998) to 418.310 (Application of statutes to institutions caring for adults and children) in the 12 months immediately preceding the filing of the motion for community guardianship;

(d) Except for another planned permanent living arrangement, there is no other appropriate permanency plan for the ward under ORS 419B.476 (Conduct of hearing) (5);

(e) The proposed community guardianship would include planning and guidance for the ward’s transition to successful adulthood, including needs and goals related to crisis intervention, housing, physical and mental health, education, employment, community connections and supportive relationships;

(f) The ward gives informed consent to the establishment of the community guardianship; and

(g) The ward has access to court-appointed counsel under ORS 419B.195 (Appointment of counsel for child or ward).

(3) Informed consent of the ward under subsection (2)(f) of this section shall include:

(a) The ward’s written consent to information provided in writing to the ward by the court, the Department of Human Services or the proposed community guardian about the consequences of establishment of a community guardianship, including any loss of benefits currently being received or that may prospectively be provided to the ward if another permanency plan were ordered; and

(b) The ward’s written acknowledgment that the ward cannot be placed in substitute care in the legal custody of the Department of Human Services after reaching 18 years of age. [2012 c.86 §1; 2015 c.254 §8]

Note: 419B.371 (Community guardianship) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 419B or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419B.­html (2015) (last ac­cessed Jul. 16, 2016).
2 OregonLaws.org contains the con­tents of Volume 21 of the ORS, inserted along­side the per­tin­ent statutes. See the preface to the ORS An­no­ta­tions for more information.
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.