419B.331 When
protective supervision authorized; conditions that may be imposed. Except as provided in ORS 419B.600
to 419B.654, when the court determines it would be in the best interest and
welfare of a ward, the court may place the ward under protective supervision.
The court may direct that the ward remain in the legal custody of the ward’s
parents or other person with whom the ward is living, or the court may direct
that the ward be placed in the legal custody of some relative or some person
maintaining a foster home approved by the court, or in a child care center or a
youth care center authorized to accept the ward. The court may specify
particular requirements to be observed during the protective supervision
consistent with recognized juvenile court practice, including but not limited
to restrictions on visitation by the ward’s parents, restrictions on the ward’s
associates, occupation and activities, restrictions on and requirements to be
observed by the person having the ward’s legal custody, and requirements for
visitation by and consultation with a juvenile counselor or other suitable
counselor. [1993 c.33 §106; 2003 c.396 §55; 2020 s.s.1 c.14 §37]
Notes of Decisions
Dep't of Human Servs. v. T. L., 379 P.3d 741 (Marion Cty. Cir. Ct., O.R. 2016).
“” ORS 419B.331. In some circumstances, the court must conduct the permanency hearing earlier.”
Dept. of Human Servs. v. C. M. H., 486 P.3d 772 (Or. 2021).
“For a child who has been made a “ward of the court,” the juvenile court is authorized to take a variety of actions to safeguard the ward, including directing that the ward be placed in the legal custody of persons other than the ward’s parents, ORS 419B.331; overseeing the…”
Dep't of Human Servs. v. W. A. C., 328 P.3d 769 (Or. Ct. App. 2014).
“, 355 Or 241, 246 , 323 P3d 947 (2014) (citing ORS 419B.331; ORS 419B.337). In turn, whomever the court *394 awards legal custody of the child also has “physical custody and control of the ward.”
Dept. of Human Servs. v. J. S., 368 Or. 516 (Or. 2021).
“As an incident of that wardship, the court may place the ward under its protective supervi- sion, ORS 419B.331, or it may commit the child to the legal custody of DHS, ORS 419B.”
Dep't of Human Servs. v. S. P., 275 P.3d 979 (Or. Ct. App. 2012).
“100(2); see also ORS 419B.331 (court may place the ward under “protective supervision,” including in the legal custody of the ward’s parents, if the court determines to do so would be in the “best interest and welfare” of the ward); ORS 419B.”
Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014).
“ORS 419B.331; ORS 419B.337. The ward’s legal custodian has “physical custody and control of the ward.”
State ex rel. Dep't of Human Servs. v. W. P., 202 P.3d 167 (Or. 2009).
· cites it 3× “The court then determines whether it would be “in the best interest and welfare” of the child to be placed under protective supervision, and, if it so determines, *662 the court may place the child with the parent (subject to court and DHS supervision) or in some other setting,…”
State v. A. L. M., 220 P.3d 449 (Or. Ct. App. 2009).
· cites it 3× “337(7) and ORS 419B.331 as setting out the specific statutory authority for the court’s actions.”
Dep't of Human Servs. v. S. E. K. H., 389 P.3d 1181 (Or. Ct. App. 2017).
· cites it 3× “ORS 419B.331 would have empowered the court to do that, but that is not what the parties seek.”
Dep't of Human Servs. v. S. M., 300 P.3d 1254 (Or. Ct. App. 2013).
· cites it 2× “ORS 419B.331; ORS 419B.337. In doing so, the court may determine that the ward remain in the custody of the ward’s parents, subject to protective supervision, ORS 419B.”
Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021).
“’ * * * For a child who has been made a ‘ward of the court,’ the juvenile court is authorized to take a variety of actions to safeguard the ward, including directing that the ward be placed in the legal custody of persons other than the ward’s parents, ORS 419B.331; overseeing…”
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