Section 419B.367 - Letters of guardianship; reports by guardian; review of reports; legal status and liability of guardian(1) Upon granting a motion for guardianship under ORS 419B.366 or upon granting a petition for guardianship under ORS 419B.365, the court shall issue letters of guardianship to the guardian. As provided in ORS 419A.255, a guardian may disclose letters of guardianship when necessary to fulfill the duties of a guardian. Letters of guardianship must be in substantially the following form: ______________________________________________________________________________
State of Oregon, | ) |
) | LETTERS OF |
County of___ | ) | GUARDIANSHIP |
BY THESE LETTERS OF GUARDIANSHIP be informed:
That on ______ (month) ___(day), 2___, the ______ Court,
______County, State of Oregon, appointed ________ (name of guardian) guardian for ________ (name of ward) and that the named guardian has qualified and has the authority and duties of guardian for the named ward including legal custody of the ward, except as provided below.
IN TESTIMONY WHEREOF, I have subscribed my name and affixed the seal of the court at my office on ______ (month) ___(day), 2___.
(Seal)
______, Clerk of the Court
By______, Deputy
______________________________________________________________________________
(2) If the ward is an Indian child and the court finds that an agreement is in place between the Indian child's tribe and the guardian that requires the guardian to maintain contact between the Indian child and the Indian child's tribe, the order must include the terms of that agreement.(3) In the order appointing the guardian, the court shall require the guardian to file with the court a written report within 30 days after each anniversary of appointment and may:(a) Specify the frequency and nature of visitation or contact between relatives, including siblings, and the ward, if the court determines that visitation or contact is in the ward's best interests;(b) Enter an order for child support pursuant to ORS 419B.400 that complies with ORS 25.275; and(c) Make any other order to provide for the ward's continuing safety and well-being.(4) The report required under subsection (3) of this section must:(a) Contain a summary sheet that:(A) Identifies the written report and includes the date of submission and the name of the submitting person; and(B) Is maintained as part of the record of the case under ORS 419A.255 (1);(b) Be maintained in the supplemental confidential file under ORS 419A.255 (2); and(c) Contain an affidavit attesting to the accuracy of the report or contain a declaration under penalty of perjury immediately above the signature line of the guardian as follows: "I hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury."(5)(a) Upon timely receipt of a report under subsection (3) of this section, the court shall review the report and maintain the report as described in subsection (4) of this section. The court may:(A) Direct the local citizen review board to conduct a review;(B) Subject to the availability of funds, appoint a court visitor and require the visitor to file a report with the court; or(C) Conduct a court review.(b) If the court does not receive a report under subsection (3) of this section in a timely manner, the court shall:(A) Direct the local citizen review board to conduct a review;(B) Subject to the availability of funds, appoint a court visitor and require the visitor to file a report with the court; or(C) Conduct a court review.(6) Except as otherwise limited by the court, a person appointed guardian has legal custody of the ward and the duties and authority of legal custodian and guardian under ORS 419B.373 and 419B.376. A guardian is not liable to third persons for acts of the ward solely by reason of being appointed guardian.Amended by 2020SP1 Ch. 14, § 45, eff. 1/1/2021.Amended by 2015 Ch. 121, § 11, eff. 5/20/2015, op. 9/1/2015.Amended by 2015 Ch. 119, § 4, eff. 5/20/2015.Amended by 2013 Ch. 417, § 6, eff. 1/1/2014. 2003 c. 229, § 3; 2005 c. 84, § 1; 2007 c. 333, § 3