justicedao/ipfs_state_laws huggingface dataset:
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 agreement only and requests adoption assistance at a later date, it is considered a renegotiation. (2) A request for renegotiation of the adoption assistance agreement made by a pre-adoptive family or adoptive family must: (a) Be in writing in a format provided by the Department to the pre-adoptive family or adoptive family; (b) Document changes in the circumstances of the pre-adoptive family or adoptive family, when applicable; (c) Document the needs of the child or young adult; (d) Provide information about the financial expenses of the pre-adoptive family or adoptive family in meeting the needs of the child or young adult; and (e) If the pre-adoptive family or adoptive family is requesting a CANS screening, provide written documentation of the child's or young adult's current behaviors and functioning that meet the eligibility requirements for a CANS screening referral under OAR 413-020-0230. (3) Renegotiation of the adoption assistance payment will be conducted using the negotiation process described in OAR 413-130-0070(2) to (5). (4) A new adoption assistance agreement must be signed by all parties each time the adoption assistance payment changes as a result of renegotiation. (5) The Department may authorize a renegotiated adoption assistance payment increase or decrease for the period commencing the first day of the month in which the Department receives the documentation required to complete the requested renegotiation, or another date agreed upon by the pre-adoptive family or adoptive family and the Department. (6) The Department may approve up to twelve months of retroactive payments unless a contested case hearing was requested and a subsequent decision necessitates a payment of more than twelve months. The decision includes any decision by the Department, including: (a) A final order; (b) A stipulated final order; (c) A settlement agreement; or (d) Any other agreement resulting in withdrawal of the contested case. Statutory/Other Authority: ORS 418.005 & ORS 418.340 Statutes/Other Implemented: ORS 418.005, ORS 418.340, ORS 418.330 & ORS 418.335 History: CWP 113-2018, amend filed 10/31/2018, effective 11/01/2018 CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019 CWP 43-2018, amend filed 05/15/2018, effective 05/15/2018 CWP 27-2017, temporary amend filed 12/29/2017, effective 01/01/2018 through 05/15/2018 CWP 24-2015, f. & cert. ef. 10-26-15 CWP 2-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 25-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 12-27-11 CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 22-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 16-2008, f. & cert. ef. 7-1-08 SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02 SOSCF 8-1999, f. & cert. ef. 5-17-99
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 Department, a participating Tribe or a licensed adoption agency; or (2) An Oregon family following a relinquishment of parental rights by the legal parent directly to the Oregon family. (3) An Oregon family readopting a child whose adoptive parent or parents were receiving Title IV-E adoption assistance. (4) A guardian who has a current guardianship assistance agreement in place for the child and the child is being adopted by that guardian resource. Statutory/Other Authority: ORS 418.005, ORS 418.340 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 418.330, ORS 418.335 & ORS 418.340 History: CWP 91-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 15-2014, f. & cert. ef. 8-1-14 CWP 2-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 25-2011(Temp), f. 9-30-11, & cert. ef. 10-1-11 thru 12-27-11 CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11, Renumbered from 413-130-0030 CWP 22-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 16-2008, f. & cert. ef. 7-1-08 SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02 SOSCF 8-1999, f. & cert. ef. 5-17-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 2-1995, f. & cert. ef. 8-21-95
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 adoption. (2) The Department will reimburse an adoptive family up to $2,000 for each eligible child for approved nonrecurring expenses, including but not limited to: (a) The cost of a home study; (b) Court costs; (c) Legal fees, as authorized by the Department; (d) Physical and psychological examinations required for the adoption; and (e) Travel to visit with the adoptive child prior to the placement. (3) The Department will consider requests for nonrecurring expenses that: (a) Are submitted with written documentation to the Adoption Assistance and Guardianship Assistance Unit; (b) Are not in violation of state or federal law; and (c) Do not duplicate expenses covered by: (A) The Interstate Compact on Placement of Children (ORS 417.200 - 417.260); (B) A Department contract with a licensed adoption agency; or (C) Another resource available to the adoptive family. (4) When a pre-adoptive family indicates that they will be using a qualified vendor attorney, the Adoption Assistance and Guardianship Assistance Unit must send the pre-adoptive family a list of qualified vendor attorneys. (5) The pre-adoptive family may select and contact an attorney from the list of qualified vendor attorneys, in which case the pre-adoptive family must: (a) Sign the legal fees agreement; and (b) Send the legal fees agreement to the attorney, who will sign it and return it to the Department for payment after the judgment of adoption is received. (6) The pre-adoptive family may privately retain an attorney, in which case: (a) The adoptive family is responsible for paying the attorney; and (b) The Department will reimburse the adoptive family reasonable charges equal to the amount allowed for a qualified vendor attorney unless the Adoption Assistance and Guardianship Assistance Coordinator has determined that a higher amount may be considered due to extraordinary circumstances. Statutory/Other Authority: ORS 418.005 & 418.340 Statutes/Other Implemented: ORS 418.005, 418.330, 418.335 & 418.340 History: CWP 2-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 25-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 12-27-11 CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 22-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 16-2008, f. & cert. ef. 7-1-08 CWP 16-2006, f. 6-30-06, cert. ef. 7-1-06 CWP 23-2005(Temp), f. 12-30-05, cert. ef. 1-1-06 SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02 SOSCF 8-1999, f. & cert. ef. 5-17-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 2-1995, f. & cert. ef. 8-21-95
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 requested by the Department. (2) The Department may authorize a special payment for a limited duration, on a case-by-case basis, subject to the availability of resources. (3) An approved special payment may only be issued to the adoptive family. Statutory/Other Authority: ORS 418.005 & 418.340 Statutes/Other Implemented: ORS 418.005, 418.330, 418.335 & 418.340 History: CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 25-2011(Temp), f. 9-30-11 & cert. ef. 10-1-11 thru 12-27-11 CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 22-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 16-2008, f. & cert. ef. 7-1-08 SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02 SOSCF 8-1999, f. & cert. ef. 5-17-99 SCF 6-1996, f. & cert. ef. 9-17-96 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 2-1995, f. & cert. ef. 8-21-95
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 adult who is the subject of an adoption assistance agreement funded with state general funds is eligible for medical assistance under OAR 413-100-0400 to 413-100-0610 when: (a) The child or young adult resides in Oregon; or (b) The child or young adult resides outside of Oregon but in the United States or a territory or possession thereof and is not able to obtain medical assistance in his or her place of residence. (3) When the adoptive child or young adult resides outside of Oregon, the Department provides the necessary documentation to the state of residence of the child or young adult through the Interstate Compact on Adoption and Medical Assistance (ICAMA) to assist the pre-adoptive family or adoptive family in obtaining medical assistance for the child or young adult. (4) Medical assistance is not provided for a child or young adult who resides outside of the United States, a territory or possession thereof. Statutory/Other Authority: ORS 418.005 & 418.340 Statutes/Other Implemented: ORS 418.005, 418.330, 418.335 & 418.340 History: CWP 24-2015, f. & cert. ef. 10-26-15 CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 25-2011(Temp), f. 9-30-11, & cert. ef. 10-1-11 thru 12-27-11 CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11 CWP 22-2009, f. & cert. ef. 12-29-09 CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09 CWP 16-2008, f. & cert. ef. 7-1-08 SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02 SOSCF 8-1999, f. & cert. ef. 5-17-99 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 2-1995, f. & cert. ef. 8-21-95
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 information from the registry; (2) Register to allow the release of identifying information; and (3) Request an assisted search for certain members of an individual’s birth family or the county in which the adoption was finalized. Statutory/Other Authority: ORS 109.506 & 418.005 Statutes/Other Implemented: ORS 109.425 - 109.507 History: CWP 10-2016, f. & cert. ef. 6-29-16 CWP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16 SOSCF 49-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 30-2000, f. & cert. ef. 11-7-00 SOSCF 10-1998, f. 4-27-98, cert. ef. 5-1-98 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
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 adoptee; (c) A guardian of a child adoptee; (d) A birth parent of an adoptee; (e) Adult progeny of a deceased adoptee; (f) A spouse of a deceased adoptee, if the spouse is the birth parent or guardian of any child of the adoptee. (2) An eligible individual must request non-identifying information by submitting a request form provided by the registry and a $45 fee. Statutory/Other Authority: ORS 109.506 & 418.005 Statutes/Other Implemented: ORS 109.425 - 109.507 History: CWP 10-2016, f. & cert. ef. 6-29-16 CWP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16 SOSCF 49-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 30-2000, f. & cert. ef. 11-7-00 SOSCF 10-1998, f. 4-27-98, cert. ef. 5-1-98 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-130-0320 Registry Eligibility for Identifying Information (1) The adoption registry is a voluntary program in which birth parents, putative fathers, adoptees, and genetic siblings of adoptees may register their willingness to release identifying information to each other. (2) The following individuals are eligible to register: (a) An adult adoptee; (b) An adoptive parent or guardian of a minor adoptee; (c) An adoptive parent of a deceased adoptee; (d) An adult genetic sibling of an adoptee; (e) A parent or guardian of a minor genetic sibling of an adoptee; (f) A birth parent; (g) A parent or adult sibling of a deceased birth parent; or (h) A putative father. A putative father may register to have his identifying information given to adult adoptee, but the registry may not give identifying information about the adoptee to the putative father. (3) The registry must allow the adult progeny or the parent or guardian of a minor progeny of the following individuals to register: (a) A deceased adoptee; (b) A deceased genetic sibling of an adoptee; (c) A deceased birth parent of an adoptee. (4) An eligible individual must register by submitting the following to the applicable registry: (a) A notarized affidavit on a form provided by the registry; (b) A copy of his or her birth certificate; and (c) A $25 fee. (5) A registrant may cancel the registration at any time with written notice to the registry. (6) Registration by a parent or guardian of a minor expires when the minor reaches 18 years of age. The adult adoptee must reregister for identifying information to be released to relevant individuals who are registered. The registry program may not charge a fee for reregistration. (7) The registrant must notify the registry of any change of name or address. (8) The registry will notify the registrants when a match is identified. A registry may recommend appropriate counseling prior to the release of information to the eligible individual. Statutory/Other Authority: ORS 109.506 & 418.005 Statutes/Other Implemented: ORS 109.425 - 109.507 History: CWP 10-2016, f. & cert. ef. 6-29-16 CWP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16 SOSCF 49-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 30-2000, f. & cert. ef. 11-7-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
413-130-0330 Assisted Search Program Eligibility (1) The following individuals may request an assisted search for a birth parent, a putative father, a genetic sibling of an adoptee, or the county in which an adoption was finalized: (a) An adult adoptee; (b) An adoptive parent of a minor adoptee; or (c) An adoptive parent of a deceased adoptee. (2) The following individuals may request an assisted search for an adult adoptee: (a) Except as provided in section (4) of this rule, a birth parent if the adult adoptee does not have any minor genetic siblings in the same adoptive family; (b) An adult genetic sibling of an adoptee; or (c) A parent or adult sibling of a deceased birth parent. (3) Except as provided in section (4) of this rule, a birth parent may request a search for the county in which the adoption was finalized. At the discretion of the Department or agency, a search may be conducted. (4) A putative father may not request an assisted search. Statutory/Other Authority: ORS 109.506 & 418.005 Statutes/Other Implemented: ORS 109.425 - 109.507 History: CWP 10-2016, f. & cert. ef. 6-29-16 CWP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16 SOSCF 49-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 30-2000, f. & cert. ef. 11-7-00 SOSCF 10-1998, f. 4-27-98, cert. ef. 5-1-98 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
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. (b) Proof of registration for identifying information with the registry; and (c) A fee of $400 for the first individual and $200 for each additional individual. (2) Upon receipt of a completed application the registry must do all of the following: (a) Prepare a search file. (b) Assign the case to a searcher. (c) Inform the requester that the case has been opened and provide periodic updates on the status of the search. (3) Duties of the Searcher. (a) When an individual is located, the searcher must: (A) Make a confidential inquiry to determine if the located individual wants to establish contact with the requester; (B) Inform the located individual about the registry program, explain that participation is voluntary and no identifying information will be released unless they have registered with the appropriate registry; and (C) If the requester is searching because there is a serious medical condition in the individual’s immediate family that is, or may be, an inheritable condition and the located individual is biologically related to the ill individual, inform the located individual. (b) Upon completion of the search, the searcher must: (A) Notify the registry of the results of the search; and (B) Return or confidentially dispose of any information obtained in connection with the search. (4) When notified of the results of a search, the registry must: (a) Provide registration to a located individual who wants to register; (b) Notify the requester of the results of the search; (c) Record the results of the search; (d) Include any information from the searcher in the search file; and (e) If the located individual has not returned the registration materials within 90 days, the registry may, where practicable, contact the located individual one time to determine if the located individual still intends to register. (5) Upon receipt of registration materials from the located individual, the registry must contact both the requester and the located individual to assure that communication is initiated in a way that is acceptable for each individual. The registry must only release contact information that is allowed by each registrant. (6) The registry must complete the assisted search within 120 days from the date of assignment. If the search is not completed within 120 days, the registry must contact the requester and provide the reason for the delay and a projected completion date. Statutory/Other Authority: ORS 109.506 & 418.005 Statutes/Other Implemented: ORS 109.425 - 109.507 History: CWP 10-2016, f. & cert. ef. 6-29-16 CWP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16 SOSCF 30-2000, f. & cert. ef. 11-7-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
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 contact adoptees, birth family members, or adoptive family members under the provisions of these rules. (4) Act within applicable statutory and administrative rules. (5) Not contact, exert pressure, or in any other way solicit an adoptee, adoptive parent or guardian, birth parent, or putative father to register with the registry except as allowed in relation to an assisted search. (6) Accept fees not exceeding those described these rules. Statutory/Other Authority: ORS 109.506 & 418.005 Statutes/Other Implemented: ORS 109.425 - 109.507 History: CWP 10-2016, f. & cert. ef. 6-29-16 CWP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16 SOSCF 49-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 30-2000, f. & cert. ef. 11-7-00 SOSCF 10-1998, f. 4-27-98, cert. ef. 5-1-98 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
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 complete records of each search. (3) Work within the boundaries of applicable statutory and administrative rules. (4) Avoid potential conflicts of interest in conducting a search. (5) Provide a criminal background check demonstrating no record of criminal convictions related to maintaining the integrity or confidentiality of records or child abuse or other offenses involving minor children. (6) Sign a statement of confidentiality that outlines potential civil and criminal penalties for any disclosure of file information to any one not expressly authorized in applicable statutes or administrative rules. Statutory/Other Authority: ORS 109.506 & 418.005 Statutes/Other Implemented: ORS 109.425 - 109.507 History: CWP 10-2016, f. & cert. ef. 6-29-16 CWP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16 SOSCF 30-2000, f. & cert. ef. 11-7-00
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 if the licensed adoption agency so allows. (3) Original file contents or copies of confidential documents may not be removed from a registry. (4) A searcher may not inspect any other files of another registry except those directly related to the file of the requester. Statutory/Other Authority: ORS 109.506 & 418.005 Statutes/Other Implemented: ORS 109.425 - 109.507 History: CWP 10-2016, f. & cert. ef. 6-29-16 CWP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16 SOSCF 49-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 30-2000, f. & cert. ef. 11-7-00 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
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 maintained permanently. (3) If a licensed adoption agency ceases to do business, the agency must transfer the adoption records to the Department or a successor agency. If files are transferred to a successor agency, the agency must tell the Department who has the files. Statutory/Other Authority: ORS 109.506 & 418.005 Statutes/Other Implemented: ORS 109.425 - 109.507 History: CWP 10-2016, f. & cert. ef. 6-29-16 CWP 1-2016(Temp), f. & cert. ef. 1-1-16 thru 6-28-16
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) Specify documents and information required for Non-Departmental adoption waivers issued by the Department; and (4) Specify fees applicable to the completion of an independent adoption placement report. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 109.309, 109.311 & 409.010 History: CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95