Keffer v. A. R. M.

In 2003, the legislature altered the provisions of the juvenile dependency code and removed all references to the probate code under ORS 419B.366, thereby making guardianship proceedings under the juvenile dependency code self-contained.

Mother and Father challenged an appointment of Mother's father (Grandfather) as the guardian of two children after he filed petitions for probate guardianship. Grandfather invoked ORS 125.305 which allows a protective proceeding under the jurisdiction of the probate court. Further, Grandfather filed petitions under ORS 419B.806 which the lower court later concluded that under the probate code, it could appoint Grandfather as the guardian without an ICPC agreement with Idaho. In 2003, the legislature altered the provisions of the juvenile dependency code and removed all references to the probate code under ORS 419B.366, thereby making guardianship proceedings under the juvenile dependency code self-contained. The Court held that the text and context of the guardianship provisions severed the dependency guardianship proceedings from any reliance on the probate code, thus establishing guardianship for a ward with the court's exclusive dependency jurisdiction.  Therefore, the probate court did not have the authority to establish guardianship, rather, it was required to proceed under the juvenile dependency guardianship statutes.  Reversed and remanded.