(1) A child-caring agency shall be the guardian of each child released or surrendered to the agency under the conditions provided in ORS 418.270 and of each child committed to the agency by order of a court of competent jurisdiction.
(2) The child-caring agency may retain a child released, surrendered or committed to the agency in institutional care, or may place the child in proctor foster homes temporarily or as a member of a family. An agency maintains custody, control and guardianship of, and responsibility for, a child placed with a proctor foster home by the agency. If the agency deems the action proper and desirable, the agency may consent in loco parentis to the legal adoption of the child, subject to the conditions provided in ORS 418.270.