2017 ORS 419B.371¹
Community guardianship

(1) As used in this section:

(a) “Community guardian” means a child-caring agency licensed, certified or otherwise authorized under ORS 418.205 (Definitions for ORS 418.205 to 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) to 418.327 (Licensing of private residential boarding schools) 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 418.327, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998) to 418.327 (Licensing of private residential boarding schools) 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; 2016 c.106 §48]

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.

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.