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Oregon Revised Statutes

Or. Rev. Stat. § 419B.373 (2026)

Duties and authority of legal custodian

✓ current as of May 2026
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      419B.373 Duties and authority of legal custodian. A person, agency or institution having legal custody of a ward has the following duties and authority:

      (1) To have physical custody and control of the ward.

      (2) To supply the ward with food, clothing, shelter and incidental necessaries.

      (3) To provide the ward with care, education and discipline.

      (4) To authorize ordinary medical, dental, psychiatric, psychological, hygienic or other remedial care and treatment for the ward, and, in an emergency where the ward’s safety appears urgently to require it, to authorize surgery or other extraordinary care.

      (5) To make such reports and to supply such information to the court as the court may from time to time require.

      (6) To apply for any Social Security benefits, public assistance or medical assistance, as defined in ORS 414.025, to which the ward is otherwise entitled and, subject to ORS 409.265, to use the benefits or assistance to provide for the care of the ward. [1993 c.33 §115; 1993 c.367 §1; 2003 c.396 §65; 2013 c.688 §88; 2023 c.576 §3]

 

(Guardian)

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 2002–2026 · leading case: Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014).
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Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014). · cites it 4× “” ORS 419B.373. Reasoning that immunizations are a routine or ordinary medical procedure, DHS contends that its status as the children’s legal custodian, standing alone, gives it the necessary authority.”
Dep't of Human Servs. v. W. A. C., 328 P.3d 769 (Or. Ct. App. 2014). · cites it 2× “373(4). Those are just some of the many consequences inherent in a court’s assertion of jurisdiction over a child that demonstrates that a finding of jurisdiction interferes with a parent’s right to direct the custody and control of the child.”
State v. Moreno-Hernandez, 442 P.3d 1092 (Or. 2019). “ORS 419B.373(3), (4). See also ORS 419B.346 (imposing additional duties on DHS when a ward in need of medical care is in its custody); OAR 413-010-0180(1)(d) (giving children and young adults in DHS custody a right "[t]o be provided routine and necessary medical, dental, and…”
Dep't of Human Servs. v. S. M., 300 P.3d 1254 (Or. Ct. App. 2013). · cites it 5× “ORS chapter 419B provides for three roles in which nonparents make health-care decisions for a ward during a dependency proceeding: that of the ward’s legal custodian, ORS 419B.373; that of the ward’s guardian, ORS 419B.”
State Ex Rel. Juv. Dept. v. Smith, 133 P.3d 924 (Or. Ct. App. 2006). · cites it 2× “The court agreed and named DHS as T's temporary legal custodian, ORS 419B.373, committing T to DHS for care, placement, and supervision.”
State Ex Rel. Juv. Dep't v. Kopp, 43 P.3d 1197 (Or. Ct. App. 2002). “337 (providing for placement of child in legal custody of the state); ORS 419B.373 (setting out duties of legal custodian).”
Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021). “See Smith, 205 Or App at 157-58 , 158 n 3 (distinguishing Kelley and stating, “Although ORS 419B.373(4) permits DHS to authorize ‘extraordinary care’ in health care emergencies, that statute does not prohibit DHS from dele- gating that authority pursuant to ORS 419B.”
State ex rel. Juv. Dep't v. Smith, 133 P.3d 924 (Or. Ct. App. 2006). · cites it 2× “The court agreed and named DHS as T’s temporary legal custodian, ORS 419B.373, committing T to DHS for care, placement, and supervision.”
Wyatt B. v. Kotek (9th Cir. 2025). “ODHS has both the “dut[y] and authority” to, among other things, “have physical custody and control of the ward,” “supply the ward with food, clothing, shelter and incidental necessaries,” “provide the ward with care, education and discipline,” and “authorize ordinary [and…”
Dept. of Human Servs. v. K. R. K. (Or. Ct. App. 2026). “” See ORS 419B.373 (describing the duties and authority of a legal custodian); ORS 419B.”
— Or. Rev. Stat. § 419B.373(1) — 4 cases
Dep't of Human Servs. v. W. A. C., 328 P.3d 769 (Or. Ct. App. 2014). “373(4). Those are just some of the many consequences inherent in a court’s assertion of jurisdiction over a child that demonstrates that a finding of jurisdiction interferes with a parent’s right to direct the custody and control of the child.”
Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014). “” ORS 419B.373. Reasoning that immunizations are a routine or ordinary medical procedure, DHS contends that its status as the children’s legal custodian, standing alone, gives it the necessary authority.”
Dep't of Human Servs. v. S. M., 300 P.3d 1254 (Or. Ct. App. 2013). “ORS chapter 419B provides for three roles in which nonparents make health-care decisions for a ward during a dependency proceeding: that of the ward’s legal custodian, ORS 419B.373; that of the ward’s guardian, ORS 419B.”
Wyatt B. v. Kotek (9th Cir. 2025). “ODHS has both the “dut[y] and authority” to, among other things, “have physical custody and control of the ward,” “supply the ward with food, clothing, shelter and incidental necessaries,” “provide the ward with care, education and discipline,” and “authorize ordinary [and…”
— Or. Rev. Stat. § 419B.373(2) — 1 case
Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014). “” ORS 419B.373. Reasoning that immunizations are a routine or ordinary medical procedure, DHS contends that its status as the children’s legal custodian, standing alone, gives it the necessary authority.”
— Or. Rev. Stat. § 419B.373(3) — 1 case
State v. Moreno-Hernandez, 442 P.3d 1092 (Or. 2019). “ORS 419B.373(3), (4). See also ORS 419B.346 (imposing additional duties on DHS when a ward in need of medical care is in its custody); OAR 413-010-0180(1)(d) (giving children and young adults in DHS custody a right "[t]o be provided routine and necessary medical, dental, and…”
— Or. Rev. Stat. § 419B.373(4) — 6 cases
Dep't of Human Servs. v. W. A. C., 328 P.3d 769 (Or. Ct. App. 2014). “373(4). Those are just some of the many consequences inherent in a court’s assertion of jurisdiction over a child that demonstrates that a finding of jurisdiction interferes with a parent’s right to direct the custody and control of the child.”
Dep't of Human Servs. v. S. M., 300 P.3d 1254 (Or. Ct. App. 2013). “ORS chapter 419B provides for three roles in which nonparents make health-care decisions for a ward during a dependency proceeding: that of the ward’s legal custodian, ORS 419B.373; that of the ward’s guardian, ORS 419B.”
Dep't of Human Servs. v. S. M., 323 P.3d 947 (Or. 2014). “” ORS 419B.373. Reasoning that immunizations are a routine or ordinary medical procedure, DHS contends that its status as the children’s legal custodian, standing alone, gives it the necessary authority.”
Keffer v. A. R. M., 497 P.3d 781 (Or. Ct. App. 2021). “See Smith, 205 Or App at 157-58 , 158 n 3 (distinguishing Kelley and stating, “Although ORS 419B.373(4) permits DHS to authorize ‘extraordinary care’ in health care emergencies, that statute does not prohibit DHS from dele- gating that authority pursuant to ORS 419B.”
State Ex Rel. Juv. Dept. v. Smith, 133 P.3d 924 (Or. Ct. App. 2006). “The court agreed and named DHS as T's temporary legal custodian, ORS 419B.373, committing T to DHS for care, placement, and supervision.”
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