Oregon Administrative Code

413-120-0920 Adoption of a Child Immigrating to the United States (Incoming Convention Adoption) (1) An incoming Convention adoption can involve a child who: (a) Holds or is eligible for dual United States and foreign citizenship; or (b) Is undocumented, but the foreign authorize…

413-120-0925 Adoption of a Child Emigrating from the United States (Outgoing Convention Adoption) (1) The Department may pursue an outgoing Convention adoption provided that: (a) It is in the best interest of the child; (b) The child has not been abducted, sold, or trafficked in …

413-120-0930 Transition, Travel, Placement, and Registration Requirements For an outgoing Convention adoption: (1) The Department is responsible for assuring that the child is fully prepared for transition to a new home, community, and country. (2) A component of transition is es…

413-120-0940 Post-Placement Supervision (1) Notwithstanding the provisions of OAR 413-120-0830 the Department may not consent to an outgoing Convention adoption until at least 6 months after the child has been placed with the prospective adoptive parents. This post-placement supe…

413-120-0945 Finalization and Post-Finalization Duties (1) After the post-placement supervision period has expired and before finalization of an outgoing Convention adoption the Department must submit to the foreign authorized entity proof of the Department's consent to the child…

413-120-0950 Adoption Assistance To be eligible for adoption assistance a child who is the subject of a Convention adoption must be a United States citizen and meet all other eligibility requirements under Child Welfare Policy I-G.3.1 “Adoption Assistance”, OAR 413-130-0000 to 41…

413-120-0960 Disclosure to the Prospective Adoptive Parents The Department must provide the prospective adoptive parents in an outgoing Convention adoption all the child summary and medical history in both the original format and translated into the primary language of the prospe…

413-120-0970 Hague Custody Declarations (1) When a child will be placed for adoption in a Convention country the Secretary of State may issue a Hague custody declaration acknowledging that legal custody of the child has been granted to prospective adoptive parents for the purpose…

413-130-0000 Definitions The following definitions apply to rules in OAR chapter 413, division 130. (1) "Adoptee" pursuant to ORS 109.425 means an individual who has been adopted in the State of Oregon. (2) "Adoption" has the meaning given in OAR 413-120-0000(1). (3) "Adoption as…

413-130-0010 Purpose (1) The purpose of OAR 413-130-0010 to 413-130-0130 is to describe the criteria for eligibility and the types of adoption assistance that may be established for: (a) A child in the legal custody of: (A) The Department; (B) A participating tribe; or (C) A lice…

413-130-0015 Funding for Adoption Assistance (1) The Department makes efforts to establish Title IV-E adoption assistance eligibility under OAR 413-100-0335 to access federal reimbursement for adoption assistance. (2) A child determined to have special needs under OAR 413-130-002…

413-130-0020 Special Needs Determination for Adoption Assistance Eligibility (1) In order to be eligible for adoption assistance, funded through either federal or state funds, a child must be determined to have special needs. (2) The Department must make the determination that th…

413-130-0040 Eligibility for an Adoption Assistance Payment (1) In determining eligibility for an adoption assistance payment, the Department may not impose an income eligibility requirement for the pre-adoptive family or adoptive family. (2) To be eligible for a Title IV-E funde…

413-130-0050 Adoption Assistance Application Requirements and Responsibilities (1) A licensed adoption agency recommending adoption assistance for a pre-adoptive family must verify and document that recruitment efforts under OAR 413-130-0020(2)(c) were made for the child. (2) A p…

413-130-0055 Extension of Adoption Assistance for a Young Adult (1) The Department may approve an extension of an adoption assistance agreement for an individual under the age of 21 when the individual and meets subsection (a) or (b) of this section. (a) An initial adoption assis…

413-130-0070 Negotiation and Determination of the Monthly Adoption Assistance Payment (1) When adoption assistance is not provided, a pre-adoptive family or adoptive family may enter into an adoption assistance agreement only. (2) The monthly adoption assistance payment: (a) Is d…

413-130-0075 Renegotiation of an Adoption Assistance Payment (1) The Department, pre-adoptive family, or adoptive family may request renegotiation of an adoption assistance agreement. When the pre-adoptive family or adoptive family has previously signed an adoption assistance agr…

413-130-0077 Eligibility for Nonrecurring Expenses A pre-adoptive family is eligible for reimbursement of nonrecurring expenses through Title IV-E funding on behalf of a child determined to have special needs under OAR 413-130-0020 when the child is in the custody of: (1) The Dep…

413-130-0080 Payment for Nonrecurring Expenses (1) An agreement, indicating the nature and amount of nonrecurring expenses, must be signed prior to the final judgment of adoption. Payment for nonrecurring expenses is made when the Department receives the final judgment of adoptio…

413-130-0090 Special Payments (1) A request for a special payment: (a) May be made after finalization of the adoption by an adoptive family who has an existing adoption assistance agreement with the Department; and (b) Must include documentation from the adoptive family when requ…

413-130-0100 Medical Assistance (1) A child or young adult who is the subject of an adoption assistance agreement funded by Title IV-E funds is categorically eligible for medical assistance through Title XIX and eligible for social services through Title XX. (2) A child or young …

413-130-0110 Administration of Approved Adoption Assistance (1) Except as provided in OAR 413-130-0130, in order for the Department to provide adoption assistance on behalf of an eligible child: (a) An adoption assistance agreement must be signed by each individual who is a party…

413-130-0112 Required Communication (1) A pre-adoptive family or adoptive family receiving adoption assistance must immediately report, orally or in writing, to the Adoption Assistance and Guardianship Assistance Unit any changes in circumstances of the child or young adult, pre-…

413-130-0125 Review, Adjustment, Suspension, Expiration, and Termination of Adoption Assistance (1) The Department may review an adoption assistance agreement and request updated information from the pre-adoptive family or the adoptive family when the Department: (a) Receives inf…

413-130-0130 Post Judgment of Adoption Applications for Adoption Assistance (1) An adoptive family asking to apply for adoption assistance after the judgment of adoption must submit a written request to the Adoption Assistance and Guardianship Assistance Unit, 500 Summer Street N…

413-130-0300 Purpose The purpose of OAR 413-130-0300 to 413-130-0365 is to describe the responsibilities of the Adoption Search and Registry Program for adoptions that finalized in Oregon and the eligibility requirements that must be met in order to: (1) Receive non-identifying i…

413-130-0310 Registry Eligibility for Non-Identifying Information (1) A registry must provide genetic and social history and health history of the adoptee and birth family members, if available, to the following individuals: (a) An adult adoptee; (b) An adoptive parent of a child…

413-130-0320 Registry Eligibility for Identifying Information (1) The adoption registry is a voluntary program in which birth parents, alleged genetic parents, adoptees, and genetic siblings of adoptees may register their willingness to release identifying information to each oth…

413-130-0330 Assisted Search Program Eligibility (1) The following individuals may request an assisted search for a birth parent, an alleged genetic parent, a genetic sibling of an adoptee, or the county in which an adoption was finalized: (a) An adult adoptee; (b) An adoptive pa…

413-130-0340 Assisted Search Application Requirements (1) Individuals requesting an assisted search must submit the following: (a) An application on an approved form to the applicable registry. The Department may disclose the applicable registry if it is unknown by the requester.…

413-130-0350 Standards of Conduct for a Registry A registry must do all of the following: (1) Maintain accurate and complete records of each search. (2) Keep confidential all adoption file information and all work product developed during an assisted search process. (3) Only cont…

413-130-0355 Standards for a Searcher Individuals or entities who perform assisted searches for a registry must do all of the following: (1) Keep all information from sealed adoption files and information obtained during an assisted search confidential. (2) Maintain accurate and …

413-130-0360 Access to Registry Records (1) A licensed adoption agency may examine adoption records maintained by the Department as part of an assisted search. (2) The Department may examine adoption records maintained by a licensed adoption agency as part of an assisted search i…

413-130-0365 Confidentiality and Maintenance of Records (1) All information acquired by the registry must be confidential and be disclosed only as provided in these rules or pursuant to a court order. (2) Registry files including work product from an assisted search must be maint…

413-140-0000 Purpose The purpose of these rules (OAR 413-140-0000 to 413-140-0110) is to: (1) Define the role of the Department in an Oregon Non-Departmental adoption of a child; (2) Provide appropriate Department procedures regarding Non-Departmental adoptions in Oregon; (3) Spe…

413-140-0010 Definitions The following definitions apply to OAR 413-140-0000 to 413-140-0110: (1) "Adoption home study" means a written report documenting the result of an assessment to evaluate the suitability of an individual or individuals to adopt and make a lifelong commitme…

413-140-0026 Service of Petition for Adoption and Required Documentation (1) Within 30 days of filing an adoption petition with the court, the petitioner must serve a copy of the adoption petition and related documents, including any amendments and attached exhibits, as described…

413-140-0028 ORICWA Requirements for Inquiry, Verification, Notice and Placement Preference (1) Inquiry and Verification. (a) The petitioner must inquire and document using Form 1270A, Verification of American Indian/Alaska Native Membership or Enrollment for Non-Departmental Ado…

413-140-0030 Required Documentation The following documents are required to be submitted by the petitioner to the court pursuant to ORS 109.276(12)(a). The Department may consider any or all of the following documents in determining whether a waiver may be granted for the 90-day …

413-140-0031 Actions Performed by the Department upon Receipt of an Adoption Petition Following receipt of an adoption petition: (1) The Department will review the adoption petition, along with accompanying documentation to determine whether a placement report is required under O…

413-140-0032 Waivers the Department May Issue (1) Waiver of the 90-day waiting period. (a) In accordance with ORS 109.276(10), the Department may waive the required 90-day waiting period for an adoption. (b) Upon receipt of the adoption petition and accompanying documents, the De…

413-140-0033 Minimum Standards for Adoptive Homes (1) The Department is authorized under ORS 109.276(7)(a) to set forth the minimum standards for adoptive homes. (2) Minimum standards for an adoptive home that must be addressed in a written adoption home study include: (a) Approv…

413-140-0035 Adoption Home Study (1) Unless waived by the Department in accordance with OAR 413-140-0032, an adoption home study is required for the filing of a petition for the adoption of a child in Oregon. (2) For the purpose of private agency and independent adoptions, an ado…

413-140-0040 Placement Report (1) Unless waived by the Department under OAR 413-140-0032, a placement report must be completed after the filing of an adoption petition and after the placement of a child in the adoptive home. (2) Placement Report Assignment and Format. (a) Within …

413-140-0047 Fees for the Placement Report and Certificate of Approval Fees associated with the adoption of a minor child must be charged in accordance with ORS 109.281. The Department sets forth the following fee for an independent adoption placement report: (1) Unless the fee i…

413-140-0065 Background Checks for Consideration of Home Study Waiver (1) Before the Department may approve a request for waiver of an adoption home study, the following background check requirements must be met: (a) For a petitioner residing in Oregon, except as described in sec…

413-140-0110 Confidentiality Adoption records contain confidential information. The Department may only disclose confidential information relating to an adoption as follows: (1) As provided in Child Welfare Policies I-A.3.2, "Confidentiality of Client Information", OAR 413-010-00…

413-200-0260 Definitions The following definitions apply to OAR Chapter 413, Division 200. (1) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child …

413-200-0270 Purpose (1) The purpose of OAR 413-200-0270 to 413-200-0298 is to describe the activities of the Department related to: (a) Certification of a resource parent, child specific resource parent, and assessment of a potential adoptive resource; (b) Monitoring compliance …

413-200-0272 Responsibilities for Assessment and Certification (1) Except as provided in sections (2) and (3) of this rule, the Department must conduct an assessment to determine if the applicant and the home of the applicant meet the standards in OAR 413-200-0301 to 413-200-0396…