Section 419B.365 - Permanent guardianship; petition; when filed; procedure(1) At any time following establishment of jurisdiction and wardship under ORS 419B.100, but prior to the filing of a petition under ORS 419B.500, or after dismissal of a petition filed under ORS 419B.500 if it fails to result in termination of the parent's rights, a party, or person granted rights of limited participation for the purpose of filing a guardianship petition, may file, and the court may hear, a petition for permanent guardianship. If the Department of Human Services chooses not to participate in a proceeding initiated by an intervenor under ORS 419B.875, the state is not foreclosed from filing a subsequent action should the intervenor's petition be denied.(2) The grounds for granting a permanent guardianship are the same as those for termination of parental rights.(3) Upon the filing of a motion to establish guardianship under this section, the court shall make a finding, subject to the procedures under ORS 419B.636 (4), regarding whether there is reason to know that the child is an Indian child.(4) The court shall grant a permanent guardianship if it finds by clear and convincing evidence that: (a) The grounds cited in the petition are true; and(b) It is in the best interest of the ward that the parent never have physical custody of the ward but that other parental rights and duties should not be terminated.(5)(a) Notwithstanding subsection (4) of this section, the court may grant the permanent guardianship of an Indian child only:(A) If the court has offered the parties the opportunity to participate in mediation as required under ORS 419B.517;(B) If requested by the tribe, an agreement is in place that requires the proposed guardian to maintain connection between the Indian child and the Indian child's tribe; and(C) If after inquiry as required under ORS 419B.636 (2) and notice as required under ORS 419B.639 (2), and in addition to any other findings required for the termination of parental rights under ORS 419B.500 to 419B.524, the court finds: (i) That evidence, including the testimony of one or more qualified expert witnesses under ORS 419B.642, establishes beyond a reasonable doubt that the continued custody of the Indian child by the child's parent or custody by the child's Indian custodian is likely to result in serious emotional or physical damage to the Indian child;(ii) That active efforts under ORS 419B.645 to reunite the Indian family did not eliminate the necessity for permanent guardianship based on serious emotional or physical damage to the Indian child; and(iii) That the placement of the Indian child complies with the placement preferences described in ORS 419B.654 (1).(b) The evidence under paragraph (a) of this subsection must show a causal relationship between the particular conditions in the Indian child's home and the likelihood that custody or continued custody of the Indian child will result in serious emotional or physical damage to the particular Indian child who is the subject of the child custody proceeding, as defined in ORS 419B.603. Evidence that shows the existence of community or family poverty, isolation, single parenthood, custodian age, crowded or inadequate housing, substance abuse or nonconforming social behavior does not, by itself, establish a causal relationship as required by this paragraph.(c) As used in this subsection, "custody" and "continued custody" have the meanings described in ORS 419B.606.(6) A guardianship established under this section continues unless vacated under ORS 419B.368 or the ward becomes 21 years of age.Amended by 2023 Ch. 125,§ 2, eff. 1/1/2024.Amended by 2021 Ch. 398, § 60, eff. 9/25/2021, op. 1/2/2022.Amended by 2020SP1 Ch. 14, § 43, eff. 1/1/2021.1997 c.873 §3; 1999 c.59 §119; 1999 c.859 §23; 2003 c. 229, § 6; 2003 c. 396, § 63a; 2007 c. 333, § 1