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Oregon Revised Statutes

Or. Rev. Stat. § 419B.328 (2026)

Ward of the court; duration of wardship

✓ current as of May 2026
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      419B.328 Ward of the court; duration of wardship. (1) The court shall make a child found to be within the jurisdiction of the court as provided in ORS 419B.100 a ward of the court.

      (2) The court’s wardship continues, and the ward is subject to the court’s jurisdiction, until one of the following occurs:

      (a) The court dismisses the petition concerning the ward;

      (b) The court transfers jurisdiction over the ward as provided in ORS 419B.127, 419B.130, 419B.132 or 419B.633;

      (c) The court enters an order terminating the wardship;

      (d) A judgment of adoption of the ward is entered by a court of competent jurisdiction; or

      (e) The ward becomes 21 years of age.

      (3) Notwithstanding subsection (2) of this section, if a permanent guardianship has been established under ORS 419B.365, the court’s wardship continues, and the ward is subject to the court’s jurisdiction, until:

      (a) The court vacates the guardianship under ORS 419B.368 and subsequently enters an order terminating the wardship; or

      (b) The ward becomes 21 years of age. [1993 c.33 §105; 1995 c.422 §70; 2003 c.396 §54; 2003 c.576 §447; 2021 c.398 §59; 2023 c.125 §1]

Notes of Decisions
Cited in 53 cases (17 in the last 5 years), 2001–2026 · leading case: Dep't of Human Servs. v. J. C. (In re A. M.), 444 P.3d 1098 (Or. 2019).
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Dep't of Human Servs. v. J. C. (In re A. M.), 444 P.3d 1098 (Or. 2019). · cites it 25× “366(6) concerns the duration of general guardianships, and it provides that, "[u]nless vacated pursuant to ORS 419B.”
State v. L. P. L. O., 381 P.3d 846 (Or. Ct. App. 2016). · cites it 6× “That outcome is further supported by ORS 419B.328, which provides that, once jurisdiction is established, the child becomes a ward of the court and the wardship may continue until the ward turns 21 years old.”
Dept. of Human Servs. v. C. M. H., 486 P.3d 772 (Or. 2021). · cites it 3× “100”); ORS 419B.328(1) (specifying that “[t]he court shall make a child found to be within [one of the categories in] ORS 419B.”
Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021). · cites it 3× “Under ORS 419B.328, orders mak- ing a child a ward of the court—dependency judgments— continue for a limited time, ending when one of a discrete list of enumerated events occurs: “(a) The court dismisses the petition concerning the ward; “(b) The court transfers jurisdiction…”
Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016). “368, a guardianship established under this section continues as long as the ward is subject to the court’s jurisdiction as provided in ORS 419B.328”). In sum, our application of the factors set out in ORS 419B.”
Dep't of Human Servs. v. S. P., 275 P.3d 979 (Or. Ct. App. 2012). · cites it 2× “100(1) must, unless admitted, be proved by a preponderance of competent evidence); ORS 419B.328(1) (court shall make child found to be within the jurisdiction of the juvenile court under ORS 419B.”
Dept. of Human Servs. v. D. M. R., 455 P.3d 599 (Or. Ct. App. 2019). “090(2)); ORS 419B.328(1). “While a child is a ward of the court, the court oversees the development and implementation of a permanency plan for the child.”
Dep't of Human Servs. v. W. A. C., 328 P.3d 769 (Or. Ct. App. 2014). “ORS 419B.328(1). Once a child is made a ward of the court, it is the court that decides who will have legal custody of the child based on its determination of what is in the best interest and welfare of the child.”
Dept. of Human Servs. v. J. A., 525 P.3d 1245 (Or. Ct. App. 2023). · cites it 2× “Consequently, the Department of Human Services (DHS) moved to dismiss the appeal as moot. Father responds that the collateral consequences of the jurisdic- tional judgments will have continuing practical effects on him.”
State ex rel. Juv. Dep't v. Campbell, 36 P.3d 989 (Or. Ct. App. 2001). · cites it 2× “That is so because, before Campbell had any connection to these proceedings, the juvenile court had found the child to be within its jurisdiction and had made the child a ward of the court pursuant to ORS 419B.328. The court’s wardship was ongoing.”
Dep't of Human Servs. v. J. G., 317 P.3d 936 (Or. Ct. App. 2014). “368, a guardianship established under this section continues as long as the ward is subject to the court’s jurisdiction as provided in ORS 419B.328.” After a hearing, the juvenile court granted DHS’s motion and entered an order and judgment appointing child’s current foster…”
In Re Conner, 140 P.3d 1167 (Or. Ct. App. 2006). · cites it 5× “Although the juvenile court’s authority generally extends only to cases “involving a person who is under 18 years of age,” ORS 419B.100, the statute quoted above creates an exception and extends the authority to persons between the ages of 18 and 21 — but only if the person is a…”
Show all 53 citing cases →
— Or. Rev. Stat. § 419B.328(1) — 22 cases
Dept. of Human Servs. v. C. M. H., 486 P.3d 772 (Or. 2021). “100”); ORS 419B.328(1) (specifying that “[t]he court shall make a child found to be within [one of the categories in] ORS 419B.”
Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021). “Under ORS 419B.328, orders mak- ing a child a ward of the court—dependency judgments— continue for a limited time, ending when one of a discrete list of enumerated events occurs: “(a) The court dismisses the petition concerning the ward; “(b) The court transfers jurisdiction…”
State v. L. P. L. O., 381 P.3d 846 (Or. Ct. App. 2016). “That outcome is further supported by ORS 419B.328, which provides that, once jurisdiction is established, the child becomes a ward of the court and the wardship may continue until the ward turns 21 years old.”
Dept. of Human Servs. v. D. M. R., 455 P.3d 599 (Or. Ct. App. 2019). “090(2)); ORS 419B.328(1). “While a child is a ward of the court, the court oversees the development and implementation of a permanency plan for the child.”
Dep't of Human Servs. v. W. A. C., 328 P.3d 769 (Or. Ct. App. 2014). “ORS 419B.328(1). Once a child is made a ward of the court, it is the court that decides who will have legal custody of the child based on its determination of what is in the best interest and welfare of the child.”
— Or. Rev. Stat. § 419B.328(1)(a) — 1 case
Dept. of Human Servs. v. J. T., 326 Or. App. 695 (Or. Ct. App. 2023).
— Or. Rev. Stat. § 419B.328(2) — 10 cases
Dep't of Human Servs. v. S. P., 275 P.3d 979 (Or. Ct. App. 2012). “100(1) must, unless admitted, be proved by a preponderance of competent evidence); ORS 419B.328(1) (court shall make child found to be within the jurisdiction of the juvenile court under ORS 419B.”
State ex rel. Juv. Dep't v. Campbell, 36 P.3d 989 (Or. Ct. App. 2001). “That is so because, before Campbell had any connection to these proceedings, the juvenile court had found the child to be within its jurisdiction and had made the child a ward of the court pursuant to ORS 419B.328. The court’s wardship was ongoing.”
Dept. of Human Servs. v. J. S., 303 Or. App. 324 (Or. Ct. App. 2020).
State v. A. L. M., 220 P.3d 449 (Or. Ct. App. 2009).
Dep't of Human Servs. v. J. C. (In re A. M.), 444 P.3d 1098 (Or. 2019). “366(6) concerns the duration of general guardianships, and it provides that, "[u]nless vacated pursuant to ORS 419B.”
— Or. Rev. Stat. § 419B.328(2)(a) — 3 cases
Dep't of Human Servs. v. G. E., 260 P.3d 516 (Or. Ct. App. 2011).
Dep't of Human Servs. v. J. C. (In re A. M.), 444 P.3d 1098 (Or. 2019). “366(6) concerns the duration of general guardianships, and it provides that, "[u]nless vacated pursuant to ORS 419B.”
L. D. v. T. J. T., 360 P.3d 746 (Or. Ct. App. 2015).
— Or. Rev. Stat. § 419B.328(2)(c) — 4 cases
Dep't of Human Servs. v. D. M., 275 P.3d 971 (Or. Ct. App. 2012).
Dep't of Human Servs. v. J. C. (In re A. M.), 444 P.3d 1098 (Or. 2019). “366(6) concerns the duration of general guardianships, and it provides that, "[u]nless vacated pursuant to ORS 419B.”
Dept. of Human Servs. v. C. E. S., 536 P.3d 1089 (Or. Ct. App. 2023).
Dept. of Human Servs. v. C. E. S. (Or. Ct. App. 2023).
— Or. Rev. Stat. § 419B.328(2)(d) — 3 cases
Dept. of Human Servs. v. T. G., 342 Or. App. 548 (Or. Ct. App. 2025).
Dept. of Human Servs. v. T. G., 342 Or. App. 548 (Or. Ct. App. 2025).
Dept. of Human Servs. v. T. G., 347 Or. App. 358 (Or. Ct. App. 2026).
— Or. Rev. Stat. § 419B.328(2)(e) — 2 cases
In Re Conner, 140 P.3d 1167 (Or. Ct. App. 2006). “Although the juvenile court’s authority generally extends only to cases “involving a person who is under 18 years of age,” ORS 419B.100, the statute quoted above creates an exception and extends the authority to persons between the ages of 18 and 21 — but only if the person is a…”
Dept. of Human Servs. v. J. M. -A. (Or. Ct. App. 2024).
— Or. Rev. Stat. § 419B.328(e) — 1 case
State v. L. P. L. O., 381 P.3d 846 (Or. Ct. App. 2016). “That outcome is further supported by ORS 419B.328, which provides that, once jurisdiction is established, the child becomes a ward of the court and the wardship may continue until the ward turns 21 years old.”
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