[tamster52]

3 weeks ago, this coming Sunday, July 17th, my son and his wife, dropped off our 4 year old granddaughter at her other grand parent's house. There has been no word from them since. I have called their cell phone, and text messaged them, to no avail. Obviously my husband, myself, and the other grand parent are quite worried. A little history will show recent past (maybe present) drug use, parents fighting, either living here at our home, or with the other grand parent, with their daughter (our granddaughter) no home of their own, and for 6 months no job, for either one of them. Obviously we are all concerned. We have NOT reported them missing, as we are sure they are not harmed or hurt it anyway, just "running away" so to speak; this has been there MO since teenagers, for them both. This is the longest they have been gone. In the past it has been 1 or the other leaving, but not both at the same time. All the grandparents involved do NOT want to get DHS involved, as we are afraid that they will come and take her away. We, the grandparents are more than willing, and able to care for our granddaughter ourselves, and feel this is a "family matter". However, we must do "something" legally to gain custody of her, as legally we cannot get medical help, schooling, etc. for her. The other grandparent had a conversation with a Dr. friend of hers, and he suggested that she apply to be a Foster Parent, then she could be the Foster Parent of our granddaughter, thus having legal custody, with all the rights and responsibilities that go along with that. I would like to know if, in this situation, that would be our best recourse? If not, what would you suggest?
Thank you for you consideration
Below you will find Oregon's definition of "Abandonment". Not sure the day they dropped her off, they "intended" to abandon her, at that moment.
************************************************** *******************************************
ORS163.535¹
Abandonment of a child
(1) A person commits the crime of abandonment of a child if, being a parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age, the person deserts the child in any place with intent to abandon it.

[ScottGem]

That statute doesn't apply. It refers to deserting the child without any adult supervision. That's not what happened. Its also mitigated by OR 418.017.

Foster care is one alternative, but I believe what is need is to apply for temporary guardianship. A petition should be submitted to Family Court for an emergency order of temporary guardianship so they will have the legal right to seek care for the child.

Once its determined what the parents are about the guardianship can be made more permanent.

[tamster52]

Scott:
Thanks for you help. Yes, I know it's not abandonment (by legal terms, although it IS abandonment, they left her) that's what I said, and why I added the statute. I wanted a complete and thorough question, with what I had learned already. I had already looked at ORS 418.017 also, and that statute applies less than the "Abandonment" statute, as it applies to "infants" 30 days older or less, and being left at "only" at an "authorized facility". I will look into applying for temporary guardianship. I just didn't want DHS to have to get involved in any way, shape, or form, as I have heard many horror stories, when they are introduced into your life.
Thanks again.

[ScottGem]

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

Yes, then you definitely want to apply for guardianship because foster care would involve DHS.