419B.368
Review, modification or vacation of guardianship order. (1) The court, on its own motion
or upon the motion of a party and after such hearing as the court may direct,
may review, modify or vacate a guardianship order.
(2) The court may
modify a guardianship order if the court determines to do so would be in the
ward’s best interests.
(3) The court may
vacate a guardianship order, return the ward to the custody of a parent and
make any other order the court is authorized to make under this chapter if the
court determines that:
(a) It is in the
ward’s best interests to vacate the guardianship;
(b) The
conditions and circumstances giving rise to the establishment of the
guardianship have been ameliorated; and
(c) The parent is
presently able and willing to adequately care for the ward.
(4) The court may
vacate a guardianship order after determining that the guardian is no longer
willing or able to fulfill the duties of a guardian. Upon vacating a
guardianship order under this subsection, the court shall conduct a hearing:
(a) Within 14
days, make written findings required in ORS 419B.185 (2) and (3)(d) and (e) and
make any order directing disposition of the ward that the court is authorized
to make under this chapter; and
(b) Pursuant to
ORS 419B.476 within 90 days.
(5) In
determining whether it is in the ward’s best interests to modify or vacate a
guardianship, the court shall consider, but is not limited to considering:
(a) The ward’s
emotional and developmental needs;
(b) The ward’s
need to maintain existing attachments and relationships and to form attachments
and relationships, including those with the birth family;
(c) The ward’s
health and safety; and
(d) The ward’s
wishes.
(6) In addition
to service required under ORS 419B.851:
(a) A party
filing a motion to vacate a guardianship shall serve the motion upon the
Department of Human Services.
(b) A party
filing a motion to terminate wardship under ORS 419B.328 shall serve the motion
upon the department.
(7)
Notwithstanding subsection (1) of this section, a parent may not move the court
to vacate a guardianship once a guardianship is granted under ORS 419B.365.
(8) If a
guardianship is established under ORS 419B.366 and 419B.371, the court shall
conduct a court review not later than 60 days before the ward reaches 18 years
of age. At the hearing, the court shall inform the ward that after reaching 18
years of age the ward may not be placed in substitute care in the legal custody
of the department. [2003 c.229 §4; 2007 c.333 §4; 2007 c.806 §7; 2012 c.86 §3;
2020 s.s.1 c.14 §58; 2021 c.398 §72; 2023 c.125 §3]
Notes of Decisions
Dep't of Human Servs. v. J. C. (In re A. M.), 444 P.3d 1098 (Or. 2019).
· cites it 33× “366(6) concerns the duration of general guardianships, and it provides that, "[u]nless vacated pursuant to ORS 419B.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.”
Dept. of Human Servs. v. M. A. N., 464 P.3d 506 (Or. Ct. App. 2020).
· cites it 9× “366 (general guardianship); ORS 419B.368(1) (any party may move to vacate a guardianship).”
Dep't of Human Servs. v. J. G., 317 P.3d 936 (Or. Ct. App. 2014).
· cites it 4× ““(6) Unless vacated pursuant to ORS 419B.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.”
Dep't of Human Servs. v. T. L., 369 P.3d 1159 (Or. 2016).
“365(5) (providing that, “[u]nless vacated under ORS 419B.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.”
Dep't of Human Servs. v. A. S., 380 P.3d 319 (Multnomah Cty. Cir. Ct., O.R. 2016).
· cites it 3× “See ORS 419B.368 (review, modification, vacation of guardianship order).”
Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021).
· cites it 3× “367 (guardianship let- ters; guardian reports; local citizen board review; authority and duty of guardians); ORS 419B.368 (review, modification, or vacation of guardianship order); ORS 419B.”
Dep't of Human Servs. v. N. S., 265 P.3d 792 (Or. Ct. App. 2011).
“See also ORS 419B.368 (establishing grounds for modification or vacation of a guardianship).”
Dept. of Human Servs. v. D. F. R. M., 497 P.3d 802 (Or. Ct. App. 2021).
· cites it 3× “, “[a]lthough a court may vacate a permanent guardianship on its own motion or the motion of a party other than a parent, ORS 419B.368(1), the court’s decision to do so must be in the child’s best interests, ORS 419B.”
Dep't of Human Servs. v. N. J. V. (In re A. N. O.-V.), 419 P.3d 783 (Or. Ct. App. 2018).
“"(6) Unless vacated pursuant to ORS 419B.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.”
— Or. Rev. Stat. § 419B.368(1) — 13 cases
Dep't of Human Servs. v. J. G., 317 P.3d 936 (Or. Ct. App. 2014).
““(6) Unless vacated pursuant to ORS 419B.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.”
Dep't of Human Servs. v. A. S., 380 P.3d 319 (Multnomah Cty. Cir. Ct., O.R. 2016).
“See ORS 419B.368 (review, modification, vacation of guardianship order).”
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.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.”
— Or. Rev. Stat. § 419B.368(2) — 3 cases
Dept. of Human Servs. v. D. F. R. M., 497 P.3d 802 (Or. Ct. App. 2021).
“, “[a]lthough a court may vacate a permanent guardianship on its own motion or the motion of a party other than a parent, ORS 419B.368(1), the court’s decision to do so must be in the child’s best interests, ORS 419B.”
Th v. Mpb, 175 P.3d 1017 (Or. Ct. App. 2008).
— Or. Rev. Stat. § 419B.368(3) — 1 case
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.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.”
— Or. Rev. Stat. § 419B.368(3)(a) — 2 cases
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.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.”
— Or. Rev. Stat. § 419B.368(3)(b) — 1 case
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.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.”
— Or. Rev. Stat. § 419B.368(3)(c) — 1 case
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.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.”
— Or. Rev. Stat. § 419B.368(5) — 2 cases
Th v. Mpb, 175 P.3d 1017 (Or. Ct. App. 2008).
— Or. Rev. Stat. § 419B.368(7) — 14 cases
Dep't of Human Servs. v. J. G., 317 P.3d 936 (Or. Ct. App. 2014).
““(6) Unless vacated pursuant to ORS 419B.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.”
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.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.”
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