Oregon Administrative Code

413-115-0135 Cultural Continuity Agreements (1) Guardianships. Before the Department seeks finalization of a guardianship of an Indian child under ORS 419B.365 or ORS 419B.366. (a) The Department must notify the Indian child’s tribe of the tribe’s right to request a Cultural cont…

413-115-0140 Tribal-State Agreement (1) These rules may be superseded for a particular tribe by a written, signed agreement between the state and that tribe. Such agreement must be retained by the Office of Tribal Affairs and produced upon request. (2) The Department must make a …

413-115-0150 Full Faith and Credit The Department must give full faith and credit to the public acts, records and judicial proceedings of any Indian tribe regarding any Indian child-custody proceeding to the same extent the Department gives full faith and credit to Indian tribes.…

413-120-0000 Definitions Unless the context indicates otherwise, the following definitions apply to OAR Chapter 413, Division 120: (1) "Adoption" means a legal or administrative process that establishes a permanent legal parent-child relationship between a child and an adult who …

413-120-0010 Purpose The purpose of OAR 413-120-0010 to 413-120-0060 is to describe the responsibilities of the Department when making an adoption placement selection for a child or sibling group who is in the custody of the Department [Publications: Publications referenced are a…

413-120-0016 Confidentiality (1) To be considered as a potential adoptive resource, each applicant who is the subject of an adoption home study must provide a signed, valid release of information to release the adoption home study and associated documents to be considered in the …

413-120-0020 Adoption Placement Selection Options When a child or sibling group has a permanency plan of adoption, the Department uses one of the three options below to make an adoption placement selection: (1) Selection by Caseworker. After considering the input from the child's…

413-120-0021 Adoption Placement Selection by Caseworker (1) Before making an adoption placement selection, the child's caseworker must comply with the provisions of OAR 413-120-0700 to 413-120-0760. (2) When the caseworker, after considering the input from the child's team and fo…

413-120-0025 Composition of an Adoption Committee (1) An adoption committee must be composed of the following individuals: (a) The caseworker of each child for whom adoption placement selection is being made; (b) Three individuals appointed by the Child Welfare Program Manager or…

413-120-0035 Invitation to and Notification of Adoption Committee (1) In preparation for and prior to scheduling an adoption committee, the caseworker for each child and the adoption worker for each potential adoptive resource must comply with the provisions of OAR 413-120-0700 t…

413-120-0053 The Adoption Committee (1) An individual described in OAR 413-120-0025(2) attending an adoption committee must inform the committee facilitator at the beginning of the adoption committee whether the individual intends to serve as an adoption committee member. These i…

413-120-0057 Adoption Placement Selection, Notification, and Documentation (1) Adoption Placement Selection. (a) The ADS must make a decision regarding the adoption placement selection no later than the end of the next business day following the scheduled adoption committee. (b) …

413-120-0060 Review of the Adoption Placement Selection (1) A review may not be requested of an adoption placement selection when each potential adoptive resource was a general applicant. (2) Except as provided in section (1) of this rule: (a) Each of the following individuals ma…

413-120-0100 Purpose These rules define the process for legalizing an adoptive placement for children in the permanent custody of the Oregon Department of Human Services. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 & ORS 419B.529 H…

413-120-0110 Values (1) Creating a legal child-parent relationship is the final goal of adoption. (2) Achieving permanency for the child is important. Statutory/Other Authority: HB 2004 Statutes/Other Implemented: ORS 109.307, 109.309 & 109.316 History: SCF 6-1996, f. & cert. ef.…

413-120-0115 Requirements for Legalizing the Adoption When a Petition is Filed (1) When adoption assistance has been approved, and the adoptive resource decides to use a "qualified vendor" attorney, the Adoption Assistance staff send the adoptive resource a Qualified Vendor Agree…

413-120-0142 Purpose ORS 419B.529 sets forth conditions under which an adoptive resource is not required to file a petition for adoption. These rules establish the Department’s responsibilities in the process for legalizing an adoption through the juvenile court where a petition …

413-120-0145 Values (1) Every child needs and deserves a safe, nurturing, and permanent home. (2) Creating a legal child parent relationship is the final goal of adoption. (3) Expediting legalization of adoption is desirable if the interests of the child and adoptive resource are…

413-120-0155 Conditions for Not Filing a Petition for Adoption Pursuant to ORS 419B.529 and notwithstanding ORS 109.309, an adoptive resource is not required to file a petition for adoption if all of the following conditions are in place: (1) A juvenile court that is a circuit co…

413-120-0160 Right to Use Expedited Process The adoption worker shall inform the adoptive resource in writing of their right to use this expedited process, using form CF 438, Legalizing the Adoption. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 419B.529 …

413-120-0165 Requirements Prior to Proceeding to Legalization of the Adoption When the supervision period is concluded and the Central Office Child Permanency Program receives a request from the adoptive resource or their legal representative to proceed with finalization of the a…

413-120-0170 Attorney Fees If Adoption Assistance has been approved, and the adoptive resource elect to use an attorney to assist with legalization, the adoptive resource can request reimbursement for reasonable and necessary attorney fees through the Adoption Assistance Program …

413-120-0175 Court Filing Requirements When the requirements of OAR 413-120-0165 have been met, the Central Office Child Permanency Program will send the following to the attorney selected by the adoptive resource, and the attorney must file with the court: (1) A written consent …

413-120-0190 Purpose These rules (OAR 413-120-0190 to 413-120-0246) describe the Department's: (1) Adoption application requirements for Oregon residents. (a) Applying to adopt a child in the legal custody of the Department. (b) Submitting an application to the Department for app…

413-120-0220 Adoption Application Requirements (1) A resident of Oregon applying to adopt a child in the legal custody of the Department must submit an application for approval to be a potential adoptive resource to the Department or an application for an adoption home study to a…

413-120-0222 Conflict of Interest for Adoptive Applicants (1) When an applicant or relative applicant under OAR 413-120-0220 is a Department staff member, the requirements of the Department's Administrative Policy DHS-060-002, "Conflict of Interest Policy". (2) When an applicant …

413-120-0225 Conditions that Require Additional Approval or Termination of the Department's Adoption Application Process (1) Prior to proceeding with an application for approval to be a potential adoptive resource submitted by an individual who has lost permanent custody of a chi…

413-120-0240 Status Notification of Adoption Applications The Department must send written notice of the status of the application to an individual who has submitted an application for approval to be a potential adoptive resource to the Department when the requirements of any of …

413-120-0243 Prioritization of an Adoption Home Study Application The Department has discretion to prioritize adoption home study applications received from the following individuals according to the needs of the child or children awaiting adoption rather than the date of receipt…

413-120-0246 Standards for an Adoptive Home and Release of an Adoption Home Study (1) Except to the extent provided otherwise in section (2) of this rule, to be approved as a potential adoptive resource for a child in the legal custody of the Department, an individual must comple…

413-120-0600 Purpose The purpose of these rules OAR 413-600-0005 through 0035 is to provide guidelines for a cooperative adoption planning process, as well as procedures for developing Post Adoption Communication Agreements (PACA), funded and managed by the Department’s Adoption …

413-120-0620 Values (1) Support and Safe Communication: Every healthy family requires support. Families created through adoption have different support needs than biological families in that the child is connected to more than one set of parent(s). One important aspect is the nee…

413-120-0625 Roles and Responsibilities (1) Child’s caseworker: The child’s caseworker represents the custodian of the child and assesses the appropriateness of mediation for cooperative post adoption planning for the children on their caseload. The child’s caseworker consults wi…

413-120-0628 Criteria for Using the Cooperative Adoption Mediation Process (1) The fundamental criteria for referring a child for a cooperative adoption mediation process is the best interest of the child’s well-being, permanency and safety. It is the responsibility of the depart…

413-120-0630 Post Adoption Communication Agreements (PACAs) (1) The cooperative adoption mediation process allows the mediation participants to make an informed and self determined decision after exploring the full range of options available to them. These decisions may be memori…

413-120-0635 Cooperative Adoption Planning Through Legal Assistance Mediation Services (1) Department will provide information on an ongoing basis to parent and adoptive resource, Department staff, and other interested persons in the child’s life: Information regarding the value …

413-120-0700 Purpose (1) The purpose of OAR 413-120-0700 to 413-120-0760 is to describe the responsibilities of the Department to: (a) Identify the potential adoptive resources for a child or sibling group under consideration for adoption to best meet the current and lifelong nee…

413-120-0720 Department Efforts to Place with Relatives, Current Caretakers and to Place Siblings Together (1) The Department's preference for placement of a child is to place siblings together for the purpose of adoption with relatives or current caretakers. (2) Prior to pursuin…

413-120-0730 Order of Preference for Identification of Potential Adoptive Resources (1) Except as provided in sections (2) and (3) of this rule, when identifying potential adoptive resources for a child or sibling group, the caseworker must consider the needs and the best interes…

413-120-0735 Current Caretaker or Relative Resource Parent Request for an Adoption Home Study (1) When a current caretaker or relative resource parent requests a home study to be considered as a potential adoptive resource for a child or sibling group that are under consideration…

413-120-0750 Recruitment Efforts (1) The Department must begin recruitment for the child or sibling group in a timely manner that is appropriate to each child's permanency and concurrent permanent plans. (2) The Department may consider up to three general applicants as adoptive r…

413-120-0760 Identification of a Child's Potential Adoptive Resources (1) When identifying potential general applicant adoptive resources for a child or sibling group, the caseworker may: (a) After discussion with their supervisor and on a case-by-case basis, consult with a paren…

413-120-0800 Purpose The purpose of OAR 413-120-0800 to 413-120-0880 is to describe; (1) Department responsibilities following the selection of an adoptive resource pursuant to OAR 413-120-0010 to 413-120-0060 for: (a) Adoption transition and placement of the child with the adopt…

413-120-0830 Department Actions Prior to Placement (1) Prior to the physical placement of a child in the home of the adoptive resource, the caseworker must arrange post-placement supervision and medical coverage for the child. (2) When the adoptive resource is outside the state o…

413-120-0840 Early Adoption Transition (1) The child's caseworker, following consultation with the caseworker's supervisor and the approval of the Child Welfare Program Manager, may request physical placement with the adoptive resource before the timelines described in OAR 413-12…

413-120-0860 Placement and Post-placement Supervision (1) The child's caseworker must offer support and services to the adoptive resource to assist in a successful adoption transition of the child into the home of the adoptive resource. (2) Post-placement supervision must include…

413-120-0870 Disruption (1) After the adoption placement selection has been made pursuant to OAR 413-120-0021 or 413-120-0057, but prior to the physical placement of the child with the adoptive resource, when circumstances occur or conditions are made known to the Department that…

413-120-0880 No Delay in Placement (1) The Department may not delay placement of a child for adoption with an adoptive resource based on any criteria listed in the following subsections: (a) Geographic location; or (b) Race, color, or national origin of the child or the adoptive …

413-120-0900 Purpose These rules (OAR 413-120-0900 to 413-120-0970) describe: (1) The Department's responsibilities in cases that are subject to the requirements of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Convention) an…

413-120-0910 Duty to Provide Information to Convention Case Registry (1) Notwithstanding any other Department rule regarding the disclosure of information related to adoptions, the Department must provide all information to the U.S. State Department that is required for registry …