Or. Rev. Stat. » Oregon Revised Statutes
Oregon Revised Statutes

Or. Rev. Stat. § 419B.234 (2026)

Qualifications; duties; privilege

✓ current as of May 2026
Find cases: SyfertCases citing this section ORSoregonlegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

      419B.234 Qualifications; duties; privilege. (1) A person appointed as a guardian ad litem under ORS 419B.231:

      (a) Must be a licensed mental health professional or attorney;

      (b) Must be familiar with legal standards relating to competence;

      (c) Must have skills and experience in representing persons with mental and physical disabilities or impairments; and

      (d) May not be a member of the parent’s family.

      (2) The guardian ad litem is not a party in the proceeding but is a representative of the parent.

      (3) The guardian ad litem shall:

      (a) Consult with the parent, if the parent is able, and with the parent’s attorney and make any other inquiries as are appropriate to assist the guardian ad litem in making decisions in the juvenile court proceeding.

      (b) Make legal decisions that the parent would ordinarily make concerning the juvenile court proceeding including, but not limited to, whether to:

      (A) Admit or deny the allegations of any petition;

      (B) Agree to or contest jurisdiction, wardship, temporary commitment, guardianship or permanent commitment;

      (C) Accept or decline a conditional postponement; or

      (D) Agree to or contest specific services or placement.

      (c) Make decisions concerning the adoption of a child of the parent including release or surrender, certificates of irrevocability and consent to adoption under ORS 109.301, 109.302 or 418.270 and agreements under ORS 109.268.

      (d) Control the litigation and provide direction to the parent’s attorney on the decisions that would ordinarily be made by the parent in the proceeding.

      (e) Inform the court if the parent no longer needs a guardian ad litem.

      (4) In making decisions under subsection (3) of this section, the guardian ad litem shall make the decisions consistent with what the guardian ad litem believes the parent would decide if the parent did not lack substantial capacity to either understand the nature and consequences of the proceeding or give direction or assistance to the parent’s attorney on decisions the parent must make in the proceeding.

      (5) The parent’s attorney shall follow directions provided by the guardian ad litem on decisions that are ordinarily made by the parent in the proceeding. The parent’s attorney shall inquire at every critical stage in the proceeding as to whether the parent’s competence has changed and, if appropriate, shall request removal of the guardian ad litem.

      (6)(a) A parent for whom a guardian ad litem has been appointed under ORS 419B.231 has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of facilitating the rendition of professional services to the parent:

      (A) Between the guardian ad litem and the parent’s attorney or a representative of the attorney; or

      (B) Between the guardian ad litem and the parent.

      (b) The privilege created by this subsection:

      (A) May be claimed by the parent or the guardian ad litem. The guardian ad litem may claim the privilege only on behalf of the parent.

      (B) Is subject to ORS 40.280, 40.285 and 40.290. [2005 c.450 §3; 2021 c.398 §69]

 

419B.236 [1993 c.33 §88; repealed by 2001 c.622 §57]

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2012–2022 · leading case: Dep't of Human Servs. v. K. L. W., 288 P.3d 1030 (Or. Ct. App. 2012).
Sort: Relevance Newest Treatment
Dep't of Human Servs. v. K. L. W., 288 P.3d 1030 (Or. Ct. App. 2012). · cites it 14× “234, after a guardian ad litem is appointed, the guardian ad litem must “[m]ake legal decisions that the parent would ordinarily make concerning” the termination proceeding. ORS 419B.”
Dep't of Human Servs. v. M. E. (In re J. R.), 441 P.3d 713 (Or. Ct. App. 2019). · cites it 4× “See generally ORS 419B.234 (listing the duties of a GAL in juvenile proceedings).”
Dept. of Human Servs. v. C. M. H., 486 P.3d 772 (Or. 2021). “803(1) (providing that “[a] juvenile court having subject matter jurisdiction has jurisdiction over” specified parties); ORS 419B.234(3) (providing that a guardian ad litem can “[a]gree to * * * jurisdiction”).”
Dep't of Human Servs. v. M. U. L., 380 P.3d 1232 (Or. Ct. App. 2016). “As support for her claim that her attorney rendered inadequate representation in connection with the GAL appointment, mother cites ORS 419B.234(5), which provides in part: “The parent’s attorney shall inquire at every critical stage in the proceeding as to whether the parent’s…”
Dept. of Human Servs. v. S. L. M., 321 Or. App. 111 (Or. Ct. App. 2022). · cites it 2× “Mother does not point to any evidence in the record to suggest that her attorney was not paying attention to 2 ORS 419B.234 has been amended since mother’s GAL hearing.”
— Or. Rev. Stat. § 419B.234(3) — 2 cases
Dept. of Human Servs. v. C. M. H., 486 P.3d 772 (Or. 2021). “803(1) (providing that “[a] juvenile court having subject matter jurisdiction has jurisdiction over” specified parties); ORS 419B.234(3) (providing that a guardian ad litem can “[a]gree to * * * jurisdiction”).”
Dep't of Human Servs. v. K. L. W., 288 P.3d 1030 (Or. Ct. App. 2012). “234, after a guardian ad litem is appointed, the guardian ad litem must “[m]ake legal decisions that the parent would ordinarily make concerning” the termination proceeding. ORS 419B.”
— Or. Rev. Stat. § 419B.234(3)(a) — 2 cases
Dep't of Human Servs. v. M. E. (In re J. R.), 441 P.3d 713 (Or. Ct. App. 2019). “See generally ORS 419B.234 (listing the duties of a GAL in juvenile proceedings).”
Dep't of Human Servs. v. K. L. W., 288 P.3d 1030 (Or. Ct. App. 2012). “234, after a guardian ad litem is appointed, the guardian ad litem must “[m]ake legal decisions that the parent would ordinarily make concerning” the termination proceeding. ORS 419B.”
— Or. Rev. Stat. § 419B.234(3)(b) — 2 cases
Dep't of Human Servs. v. M. E. (In re J. R.), 441 P.3d 713 (Or. Ct. App. 2019). “See generally ORS 419B.234 (listing the duties of a GAL in juvenile proceedings).”
Dep't of Human Servs. v. K. L. W., 288 P.3d 1030 (Or. Ct. App. 2012). “234, after a guardian ad litem is appointed, the guardian ad litem must “[m]ake legal decisions that the parent would ordinarily make concerning” the termination proceeding. ORS 419B.”
— Or. Rev. Stat. § 419B.234(4) — 2 cases
Dep't of Human Servs. v. M. E. (In re J. R.), 441 P.3d 713 (Or. Ct. App. 2019). “See generally ORS 419B.234 (listing the duties of a GAL in juvenile proceedings).”
Dep't of Human Servs. v. K. L. W., 288 P.3d 1030 (Or. Ct. App. 2012). “234, after a guardian ad litem is appointed, the guardian ad litem must “[m]ake legal decisions that the parent would ordinarily make concerning” the termination proceeding. ORS 419B.”
— Or. Rev. Stat. § 419B.234(5) — 2 cases
Dep't of Human Servs. v. M. U. L., 380 P.3d 1232 (Or. Ct. App. 2016). “As support for her claim that her attorney rendered inadequate representation in connection with the GAL appointment, mother cites ORS 419B.234(5), which provides in part: “The parent’s attorney shall inquire at every critical stage in the proceeding as to whether the parent’s…”
Dept. of Human Servs. v. S. L. M., 321 Or. App. 111 (Or. Ct. App. 2022). “Mother does not point to any evidence in the record to suggest that her attorney was not paying attention to 2 ORS 419B.234 has been amended since mother’s GAL hearing.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.