justicedao/ipfs_state_laws huggingface dataset:
413-110-0350 When Adoption Is Not an Appropriate Permanency Plan (1) When it is determined that adoption is not the appropriate permanency plan for the child, and the compelling reason for this determination has been documented in the case file, the child’s worker must develop and implement an alternate plan. (2) If there are significant changes, the child’s worker may refer the case to either the Local Office Permanency/Adoption Committee or the Permanency/Adoption Council Committee for a new determination whether adoption is an appropriate permanency plan for the child. The appropriateness of adoption as a permanency plan for the child can change as the child’s circumstances change. When the legal assistance specialist has questions about the appropriateness of adoption as the permanency plan for the child, the legal assistance specialist may ask the local office to recruit for a potential adoptive placement prior to initiating the process to free the child for adoption. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 47-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 21-2001, f. 6-29-01, cert. ef. 7-1-01 SOSCF 11-2000, f. & cert. ef. 4-28-00
413-110-0360 Review Process When the Local Office Permanency/Adoption Committee or the Permanency/Adoption Council Committee has staffed a case and reached a decision with which the child's worker disagrees, the child's worker will staff the case with the worker's supervisor and district manager or designee. If the district manager or designee agrees with the child's worker, he or she will request review of the decision by the Adoption Services Unit Manager who may review the committee's decision and make the final decision. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 24-2015, f. & cert. ef. 10-26-15 CWP 47-2003, f. 12-31-03, cert. ef. 1-1-04 SOSCF 21-2001, f. 6-29-01, cert. ef. 7-1-01 SOSCF 11-2000, f. & cert. ef. 4-28-00
413-115-0020 Department Authority Once it is found that an Indian child is involved, and the tribe or tribes who have an interest have been determined, the authority of the Department must be established. In some instances, the Department will have no authority to become involved in a case. (1) Jurisdiction. (a) Concurrent Jurisdiction. Except as otherwise provided in this section, the juvenile court’s jurisdiction under ORS 419B.100 (1) in a case involving an Indian child is concurrent with the Indian child ’s tribe. (b) Exclusive Jurisdiction. If a tribe is not subject to Public Law 83-280, the tribe has exclusive jurisdiction in a case described in ORS 419B.100(1) involving an Indian child if: (A) The Indian child is a ward of a tribal court of the Indian child ’s tribe; or (B) The Indian child resides or is domicile d within the reservation of the tribe. (2) Tribe-State Agreements. (a) An Indian tribe subject to Public Law 83-280 may limit the juvenile court ’s exercise of jurisdiction under ORS 419B.100 (1) over an Indian child by entering into a tribal-state agreement. (b) The juvenile court must decline to exercise its jurisdiction under ORS 419B.100 (1) over an Indian child who is a ward of a tribal court of the Indian child’s tribe, or who resides or is domicile d within the reservation of the tribe, if: (A) The tribe has entered into a tribal-state agreement in which the state has agreed to decline jurisdiction; and (B) The tribal-state agreement provides that the tribe has default jurisdiction over those cases. (3) Notwithstanding subsections (1) and (2) of this section, the juvenile court has temporary exclusive jurisdiction over an Indian child who is placed into protective custody under ORS 419B.150 or 419B.152. Statutory/Other Authority: ORS 418.005, ORS 418.627 & ORS 409.050 Statutes/Other Implemented: ORS 418.005, ORS 419B.100 & ORS 419B.118 History: CWP 32-2021, amend filed 12/30/2021, effective 01/01/2022 CWP 16-2021, amend filed 06/29/2021, effective 06/29/2021 CWP 148-2020, temporary amend filed 12/31/2020, effective 01/01/2021 through 06/29/2021 CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
413-115-0045 Notification to the Court of Paternity Acknowledgment If a man orally or in writing acknowledges paternity of an Indian child to the court, to the Department , the Department must notify the court of the man’s acknowledgement immediately or, if a matter is not yet pending in Oregon, immediately upon filing a petition or being served with a copy of a petition alleging that the child is within the jurisdiction of the court under ORS 109.309 or 419B.100. Statutory/Other Authority: ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 32-2021, adopt filed 12/30/2021, effective 01/01/2022
413-115-0050 Notification to the Tribe of Placement or Change in Placement (1) When the Department knows or has reason to know the child is an Indian child , the Department must ensure that notification is provided to the Indian child ’s tribe or tribes as soon as possible and within 24 hours of knowing when any of the following actions may occur: (a) When the Department is managing safety of the Indian Child in the home of their parent or Indian Custodian; (b) An emergency removal ; (c) An involuntary placement. Notification of an involuntary placement under this rule is separate from notice required under OAR 413-115-0120; (d) A change in placement; or (e) A voluntary placement agreement has been requested by the parent or Indian custodian . (2) Notification of any action in section (1) must include the following information, if known: (a) The name, birthdate and birthplace of the Indian child . (b) The names of the Indian child 's parent s. (c) The applicable action under section (1). (3) Notification pursuant to this rule may be provided in person, telephonically or electronically, and must be documented in the Department 's information system. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 & ORS 419B.878 History: CWP 32-2021, amend filed 12/30/2021, effective 01/01/2022 CWP 16-2021, amend filed 06/29/2021, effective 06/29/2021 CWP 148-2020, temporary amend filed 12/31/2020, effective 01/01/2021 through 06/29/2021 CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17 CWP 5-2017(Temp), f. & cert. ef. 5-12-17 thru 8-5-17 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
413-115-0080 Required Documentation Prior to a Non-Emergency Removal Except during an emergency removal described in OAR 413-115-0070, prior to removal of the Indian child from a parent or Indian custodian and filing a petition, the Department must document: (1) The causal relationship between the particular conduct of the parent or Indian custodian or the conditions in the home that is likely to result in serious emotional or physical damage to the Indian child . (2) If it is likely that such harm will occur, that active efforts have been made by the Department to offer support and services to the parent or Indian custodian to address the safety threat and modify the behavior of the parent or Indian custodian . (3) Why those active efforts have not been successful. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 32-2021, amend filed 12/30/2021, effective 01/01/2022 CWP 16-2021, amend filed 06/29/2021, effective 06/29/2021 CWP 6-2018, minor correction filed 01/08/2018, effective 01/08/2018 CWP 5-2018, temporary suspends temporary CWP 14-2017, filed 01/04/2018, effective 01/04/2018 through 05/05/2018 CWP 14-2017, temporary amend filed 11/07/2017, effective 11/07/2017 through 05/05/2018 CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
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 continuity agreement . The Department must provide the Indian child ’s tribe with the opportunity to develop a cultural continuity agreement or offer to coordinate mediation between the Indian child ’s tribe and the proposed guardian(s) to develop an agreement, and (b) If requested by the Indian child ’s tribe, the Department must ensure that a Cultural continuity agreement is in place between the Indian child ’s tribe and proposed guardian . The Department must provide a copy of the Cultural continuity agreement to the court so that the court can incorporate the agreement into the final guardianship order. (2) Termination of parental rights . Before the court may enter a judgment terminating parent al rights. (a) The Department must notify the Indian child ’s tribe of the tribe’s right to request a Cultural continuity agreement . The Department must provide the Indian child ’s tribe with an opportunity to develop a Cultural continuity agreement or offer to coordinate mediation between the Indian child ’s tribe and the proposed adoptive resource to develop an agreement, and (b) If requested by the Indian child ’s tribe, the Department must ensure that a Cultural continuity agreement is in place between the Indian child ’s tribe and the proposed adoptive resource before parental rights are terminated. (3) Adoption. Before the Department seeks finalization of an adoption of an Indian child . (a) The Department must notify the Indian child ’s tribe of the tribe’s right to request a Cultural continuity agreement . The Department must provide the Indian child ’s tribe with an opportunity to develop a Cultural continuity agreement or offer to coordinate mediation between the Indian child ’s tribe and the proposed adoptive resource to develop an agreement; and (b) If requested by the Indian child ’s tribe, the Department must ensure that a Cultural continuity agreement is in place between the Indian child ’s tribe and the proposed adoptive resource. The Department must include the terms of the Cultural continuity agreement into the placement report so that the court can incorporate the agreement into the final judgment of adoption. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 32-2021, amend filed 12/30/2021, effective 01/01/2022 CWP 16-2021, adopt filed 06/29/2021, effective 06/29/2021 CWP 148-2020, temporary adopt filed 12/31/2020, effective 01/01/2021 through 06/29/2021
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 good faith effort to enter into a tribal-state agreement with any Indian tribe within the borders of this state. The Department may also enter into a tribal-state agreement with any Indian tribe outside of this state having significant numbers of member child ren or membership -eligible child ren residing in this state. (3) The purposes of a tribal-state agreement are to promote the continued existence and integrity of the Indian tribe as a political entity and to protect the vital interests of Indian children in securing and maintaining political, cultural and social relationships with their tribe. (4) A tribal-state agreement may include, but is not limited to, agreements regarding default jurisdiction over cases in which the state courts and tribal court s have concurrent jurisdiction, the transfer of cases between state courts and tribal court s, the assessment, removal, placement and custody of Indian children and any other child welfare services provided to Indian children . (5) A tribal-state agreement must: (a) Provide for the cooperative delivery of child welfare services to Indian children in this state, including the utilization, to the extent available, of services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population to implement the terms of the tribal-state agreement; and (b) If services provided by the tribe or an organization whose mission is to serve the American Indian or Alaska Native population are unavailable, provide for the Department ’s use of community services and resources developed specifically for Indian families and that have the demonstrated experience and capacity to provide culturally relevant and effective services to Indian children . Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 History: CWP 32-2021, amend filed 12/30/2021, effective 01/01/2022 CWP 16-2021, amend filed 06/29/2021, effective 06/29/2021 CWP 148-2020, temporary amend filed 12/31/2020, effective 01/01/2021 through 06/29/2021 CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
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 tribe s. Statutory/Other Authority: ORS 418.005 & ORS 409.050 Statutes/Other Implemented: ORS 418.005 & ORS 419B.100 History: CWP 32-2021, amend filed 12/30/2021, effective 01/01/2022 CWP 16-2021, amend filed 06/29/2021, effective 06/29/2021 CWP 148-2020, temporary amend filed 12/31/2020, effective 01/01/2021 through 06/29/2021 CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17
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 available from the agency.] Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 418.005, 418.280, 418.285, 418.937, 419B.100 & 419B.192 History: CWP 21-2015, f. & cert. ef. 10-1-15 CWP 16-2015(Temp), f. & cert ef. 9-1-15 thru 2-27-16 CWP 11-2015(Temp), f. & cert. ef. 5-22-15 thru 11-17-15 CWP 6-2015, f. 1-29-15, cert. ef. 2-1-15 CWP 16-2014(Temp), f. & cert. ef. 8-4-14 thru 1-31-15 CWP 11-2014, f. & cert. ef. 6-3-14 CWP 31-2010, f. & cert. ef. 12-29-10 CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 CWP 13-2007, f. & cert. ef. 8-1-07 SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 35-2001, f. 6-29-01 cert. ef. 7-1-01 SOSCF 2-2001(Temp), f. & cert. ef. 1-24-01 thru 7-21-01 SOSCF 16-1999, f. & cert. ef. 8-12-99 SOSCF 7-1998, f. & cert. ef. 2-10-98 SCF 6-1996, f. & cert. ef. 9-17-96 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
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 adoption placement selection. (2) When the Department considers written information in addition to the adoption home study concerning a potential adoptive resource during the adoption placement selection, the adoption worker must: (a) Notify the potential adoptive resource of the additional written information; and (b) Have the potential adoptive resource sign a release of information for the additional written information to be considered in the adoption placement selection. (3) The Child Permanency Program Manager, at their discretion, may determine that any written information released under section (1) or (2) of this rule must be a summary or redacted copy when: (a) An individual who is a subject of the adoption home study or additional information has requested that information be redacted or summarized; or (b) There is a conflict of interest as described in OAR 413-120-0222. (4) Any written information released under section (1), (2) or (3) of this rule must: (a) Be kept confidential by the recipients; (b) Be used only for the purpose of making the recommendation and selection of a child's adoptive resource; (c) Not be redisclosed verbally or in writing; (d) Not be copied; and (e) Be returned to the Department when the adoption placement selection has been made. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010, 409.225, 418.005, 418.280, 418.285, 418.305 & 419A.255 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 21-2015, f. & cert. ef. 10-1-15 Renumbered from 413-120-0033, CWP 31-2010, f. & cert. ef. 12-29-10 CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 CWP 13-2007, f. & cert. ef. 8-1-07 SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 16-1999, f. & cert. ef. 8-12-99
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) The ADS may make one of the following adoption placement selection decisions from the identified potential adoptive resources presented at the adoption committee: (A) Select one adoptive resource. (B) Select an adoptive resource and identify a second adoptive resource as an alternate in the event that the selected adoptive resource is subsequently found to be unavailable or no longer deemed by the Department to meet the current and lifelong needs of the child under OAR 413-120-0800 to 413-120-0880. (C) Select none of the potential adoptive resources. (2) Notification of the Adoption Placement Selection. (a) The ADS must send written notification to the child's caseworker, the adoption workers, and the committee facilitator of the adoption placement selection, and alternate if one was named, no later than the end of the next business day following the scheduled adoption committee. (b) By the end of the next business day following the notice sent in subsection (a) of this section, written notification on a form approved by the Department must be sent as follows: (A) Each potential adoptive resource who was presented at the adoption committee must be notified by the following individuals of whether they were selected: (i) A Department adoption worker; or (ii) The child's caseworker when the adoption worker is not a Department employee. (B) The child's attorney, CASA, an authorized representative from the child’s Tribe, if the child is an Indian child, a member of the RCWAC, and the private adoption agency representing a potential adoptive resource, as applicable, must be notified of the adoption placement selection by the child's caseworker. (C) Notices in paragraphs (A) and (B) of this subsection must contain information on the Department's review process as described in OAR 413-120-0060, except when the potential adoptive resources were all general applicants. (3) The ADS must send written documentation on a form approved by the Department regarding the adoption placement selection, the alternate when one is named, and the basis for those decisions to the Central Office Child Permanency Program within two business days following the adoption committee. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005, ORS 418.280 & ORS 418.285 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 9-2017, f. 8-5-17, cert. ef. 8-6-17 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17 CWP 21-2015, f. & cert. ef. 10-1-15 CWP 31-2010, f. & cert. ef. 12-29-10 CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
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 History: CWP 11-2022, amend filed 06/23/2022, effective 07/01/2022 CWP 1-2022, temporary amend filed 01/03/2022, effective 01/03/2022 through 07/01/2022 CWP 5-2004, f. & cert. ef. 4-1-04 SCF 6-1996, f. & cert. ef. 9-17-96 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
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. 9-17-96 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
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 for adoption is not required. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 419B.529 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 SOSCF 48-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 12-1999, f. & cert. ef. 7-6-99
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 protected and basic requirements met. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 419B.529 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 SOSCF 12-1999, f. & cert. ef. 7-6-99
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 court has entered an order of permanent commitment of the child to the Department pursuant to ORS 419B.527, or the parent has signed and Department of Human Services Office of Safety and Permanency for Children has accepted a release and surrender to the Department and a certificate of irrevocability and waiver as provided in ORS 418.270 regarding the child. (2) The Department has completed a home study that finds the adoptive resource suitable to adopt the child and consents to the adoption; and (3) The adoptive resource elect to legalize the adoption through the juvenile court. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 419B.529 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 9-2004, f. & cert. ef. 4-1-04 SOSCF 48-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 12-1999, f. & cert. ef. 7-6-99
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 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 SOSCF 12-1999, f. & cert. ef. 7-6-99