(2) The grounds for granting a permanent guardianship are the same as those for termination of parental rights.
(3) 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.
(4) If an Indian child is involved, the permanent guardianship must be in compliance with the Indian Child Welfare Act. Notwithstanding subsection (3) of this section, the facts supporting any finding made to establish a permanent guardianship for an Indian child, including the finding that continued custody by the parents or Indian custodian would result in serious emotional or physical harm to the Indian child, must be established beyond a reasonable doubt.
(5) Unless vacated under ORS 419B.368, a guardianship established under this section continues as long as the ward is subject to the court’s jurisdiction as provided in ORS 419B.328. [1997 c.873 §3; 1999 c.59 §119; 1999 c.859 §23; 2003 c.229 §6; 2003 c.396 §63a; 2007 c.333 §1]
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