Get Permission to Care for a Child in Oregon (Without Going to Court)
If you are caring for a child because their parents cannot right now—such as if a parent is detained, in jail, in the hospital, or on active military duty—you may need legal permission to make decisions for the child.
In Oregon, you have two short-term options that don't require court involvement:
- Delegation of parental powers (also called a power of attorney).
- Relative caregiver affidavit.
This guide will help you choose the right option, find the legal paperwork you need, and take your next steps.
Which option fits your situation?
- Choose option 1 if the parents have given you permission to care for their child and you can reach at least one parent.
- Choose option 2 if you can't reach either parent and you are related to the child.
Both options allow you to make decisions for the child, like for medical care or school enrollment.
Option 1: Delegation of parental powers (parent gives permission)
Use this form if a parent or guardian leaves their child in your care. A delegation of parental powers allows the child’s legal parent or guardian to give you permission to:
- Get medical and dental care for their child.
- Enroll their child in school.
- Make day-to-day decisions for their child.
You do not need to go to court to use this form.
You can use this form if:
- You are 18 or older.
- The child’s legal guardian asked you to care for the child while they’re unavailable.
- The legal guardian is willing and able to sign legal paperwork.
How to use this form
- Print the delegation of parental powers form.
- Ask the parent to complete and sign the form.
- Sign the form yourself.
- Make copies of the form and keep one for yourself.
- Share copies with the child’s school and doctors as needed.
How long does it last
- Usually up to 6 months.
- It may last longer if the parent is on active military duty.
- You can renew it by signing a new form.
Important to know
- The parent can take the child back at any time.
- You must return the child to a legal parent if they ask, unless you have a court order.
Download the form
Download the Delegation of Parental Powers paperwork here.
Option 2: Relative caregiver affidavit (when you cannot find the parents)
Use this option if you are caring for a relative’s child and cannot find the parents. A relative caregiver affidavit allows you to:
- Get medical care for the child.
- Enroll the child in school.
- Act as the child’s caregiver.
You sign this form yourself. No parent signature is needed.
You can use this form if:
- You are 18 or older.
- The child lives with you full-time.
- You are related by blood or marriage.
- You are responsible for the child’s care.
- You have tried but cannot find the parents.
You must try to find the parents. Before using this form, you must make a real effort to locate the child’s parents or guardian. Call their friends or other relatives, email them, or make posts on social media to try to find them. If you find them, ask them to sign a delegation of parental powers form instead.
How to use this form
- Fill out and sign the relative caregiver affidavit form.
- Keep a copy.
- Make copies of the form and keep one for yourself.
- Share copies with the child’s school and doctors as needed.
How long does it last
- Up to one year.
- Cannot be renewed.
Important to know
- The parent can take the child back at any time.
- You must return the child to a legal parent if they ask, unless you have a court order.
- If the parents do not return or are not likely to return, consider long-term options for raising the child.
Download the form
Download the relative caregiver affidavit form here.
Need help?
Whether you are deciding between options or looking for support, there are places that can help:
- Oregon Kinship Navigator: Statewide support for relative caregivers with peer groups, legal resources, and connections to services such as groceries or furniture.
- Family law facilitators: Free family law help through your local court.
- Oregon's Lawyer Referral Service: Get a referral to a lawyer who can help you understand your legal options and take action.
Additional FAQs
It depends on whether there is a court order.
- If there is a court order: The parent with legal custody must sign the form. If neither parent has legal custody (for example, the state has custody), this form cannot be used.
- If there is no court order: Either legal parent can sign the form. Both parents have full rights, so either one can give you permission.
Important: If there is no court order and the other parent shows up, they can take the child back.
In most cases, you must return the child to a legal parent.
If you think the child is unsafe with the parent, you can:
- Ask a court for legal rights (like custody or guardianship) so you can continue caring for the child.
- Report safety concerns to Oregon’s child abuse hotline.
These steps can help protect the child and give you the legal authority to act.
If you think the child will stay with you long-term, you may want to learn about:
- Guardianship,
- Third-party custody, or
- Adoption.
These options require going to court but can give you stronger legal rights. You can learn more about these long-term options here.
If the child’s other parent wants to take their child, you must give the child to that parent, unless:
- The other parent is not the child’s legal parent (see definitions section on the top of this page);
- You have a court order that says the child should live with you;
- There is a court order that says the other parent can’t see the child; or
- There is a court-ordered visitation schedule, and it's not the other parent’s time to see the child.
You have several legal options. These options include:
- Continuing to use the Delegation of Parental Powers
- Becoming a legal guardian;
- Getting legal custody
- Legally adopting the child.
There are different risks, benefits, and costs for each option. You should talk to a lawyer to get advice about the option that is right for your family. You can find legal help using the Referral Directory.