Oregon Revised Statutes

Or. Rev. Stat. § 419B.372 (2026)

Guardianship as incident of custody

✓ current as of May 2026
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      419B.372 Guardianship as incident of custody. (1) When the court grants legal custody to the Department of Human Services, it may also grant guardianship of the ward to the department, to remain in effect solely while the ward remains in the legal custody of the department.

      (2) When the court grants legal custody to a private institution or agency or to a suitable person or entity, the court may grant guardianship of the ward to the private institution or agency to which the ward is committed or to the suitable person or entity if it appears necessary to do so in the interests of the ward.

      (3) Unless guardianship is granted as provided in subsection (1) or (2) of this section, the court as an incident of its wardship has the duties and authority of the guardian as provided in ORS 419B.376 and 419B.379. [Formerly 419B.370]

Notes of Decisions
Cited in 3 cases, 2014–2015 · leading case: Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014).
Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014). · cites it 23× “Specifically, ORS 419B.372 provides that, when a child becomes a ward of *247 the court, “the court as an incident of its wardship has the duties and authority of the guardian as provided in ORS 419B.”
L. D. v. T. J. T., 360 P.3d 746 (Or. Ct. App. 2015). · cites it 5× “370 (2003), renumbered as ORS 419B.372 (2013). 2 The juvenile court held a second permanency hearing, considered DHS’s motion, and concluded that, while ward and his sister would remain under the jurisdiction of the court, guardians would have legal custody and guardianship of…”
Dep't of Human Servs. v. R. N., 360 P.3d 535 (Or. Ct. App. 2015). “ORS 419B.372; ORS 419B.328. At the jurisdictional hearing, mother was unable to appear in person, and the court allowed her to listen to the hearing by telephone.”
— Or. Rev. Stat. § 419B.372(1) — 2 cases
Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014). “Specifically, ORS 419B.372 provides that, when a child becomes a ward of *247 the court, “the court as an incident of its wardship has the duties and authority of the guardian as provided in ORS 419B.”
L. D. v. T. J. T., 360 P.3d 746 (Or. Ct. App. 2015). “370 (2003), renumbered as ORS 419B.372 (2013). 2 The juvenile court held a second permanency hearing, considered DHS’s motion, and concluded that, while ward and his sister would remain under the jurisdiction of the court, guardians would have legal custody and guardianship of…”
— Or. Rev. Stat. § 419B.372(2) — 1 case
L. D. v. T. J. T., 360 P.3d 746 (Or. Ct. App. 2015). “370 (2003), renumbered as ORS 419B.372 (2013). 2 The juvenile court held a second permanency hearing, considered DHS’s motion, and concluded that, while ward and his sister would remain under the jurisdiction of the court, guardians would have legal custody and guardianship of…”
— Or. Rev. Stat. § 419B.372(3) — 1 case
Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014). “Specifically, ORS 419B.372 provides that, when a child becomes a ward of *247 the court, “the court as an incident of its wardship has the duties and authority of the guardian as provided in ORS 419B.”
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