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In Oregon, can an interested party apply for guardianship of a minor in foster care through probate court?

Gresham, OR |

The child is 14 years old. She has been in foster care since 2011. Since that time has been placed several (5-7) times w/o success. She has run away more than once, been kicked out of a couple, and placed into lockdown treatment facilities atleast twice. She was living with me prior to foster care. She was removed from her adopted parent whom she does not wish to return to (adopted parent kicked her out in 2009 until 2011). I have not been able to intervene and can not afford a lawyer. I would love to help her though

we had none of these problems when she was living with me

Attorney Answers 2


  1. If she is in foster care she is a ward of the state and you would have to go through the dependency court and deal with CPS, as CPS is her legal guardian.

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  2. You have to deal with the state foster care system. If she was living with you prior to foster care, the state would have looked at you as a possible resource. You either refused to have the child live with you or the state considered you not to be fit at the time. These are not easy cases and courts almost always follow what the state wants to do.

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