justicedao/ipfs_state_laws huggingface dataset:
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 adoptive resource; (b) Supervision of the adoptive placement; (c) Support for the child and adoptive resource after placement; and (d) Actions required by the Department when a disruption of an adoptive placement of a child in the legal custody of the Department is likely or has occurred. (2) The actions required by the Department when concerns arise regarding the appropriateness of an adoptive resource for a child or children in the legal custody of another public child welfare agency that the Department is supervising. (3) The additional requirements for an international adoption of a child in the legal custody of the Department pursuant to OAR 413-120-0900 to 413-120-0970. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 21-2015, f. & cert. ef. 10-1-15 CWP 31-2010, f. & cert. ef. 12-29-10 CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 SCF 6-1996, f. & cert. ef. 9-17-96
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 413-120-0830 when the requirements in all of the following subsections are met: (a) It is in the best interests of the child; (b) There are no indications that a review of the adoption placement selection will be requested; and (c) When the child is to be placed in a state within the United States and outside of Oregon, the requirements under OAR 413-120-0830 have been met regarding a placement in a state other than Oregon. (2) The caseworker must send the written request for early adoption transition, including the basis for the request, to the Child Permanency Program or designee who makes the final decision. (3) The caseworker must document the decision regarding the early adoption transition in the Department's information system. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 31-2010, f. & cert. ef. 12-29-10 CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
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 all of the following: (a) Monthly face-to-face contact with the child described in OAR 413-080-0055; (b) Assessment of the child's safety and well-being under OAR 413-080-0067; (c) Providing services and support to assist the adoptive resource in meeting the requirements described in OAR 413-120-0246(1)(b). (d) Providing support to the adoptive resource in the process of the completion and submission of the adoption assistance application, when applicable; and (e) Documentation from the supervising worker which includes the supervision reports and a recommendation regarding finalization of the adoption. (3) When the child is placed through an in-state child-caring agency licensed as an adoption agency, the Department must provide supervision of the placement and, when applicable, must coordinate support services with the in-state child-caring agency. (4) When it becomes known to the Department that there are significant changes to the adoptive resource's situation, including changes in the family structure, the Department may require an updated adoption home study prior to making a determination to proceed with finalization of the adoption. (5) Prior to finalization of the adoption, the Department must ensure that the adoptive resource is made aware of all of the following: (a) Available post-legal services; (b) The potential eligibility for federal or state adoption tax credits, or both; and (c) The ability to seek voluntary supportive services through the Department to stabilize an adoption and promote lifelong permanency for children. (6) The standard supervision period for an adoptive placement is a minimum of six consecutive months and can include the time the adoptive resource was the child's substitute caregiver. When the child's caseworker and the adoption worker agree that it is in the child's best interests to proceed with finalization before the standard six month period: (a) The child's caseworker or adoption worker must request approval from: (A) Their supervisor; and (B) The Child Permanency Program Manager or designee. (b) The child's caseworker must document in the Department's information system when approval is given for a reduced post-placement supervision time. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 1-2013, f. & cert. ef. 1-15-13 CWP 31-2010, f. & cert. ef. 12-29-10 CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
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 resource. (2) An adoptive resource who believes that the Department violated the prohibition under section (1) of this rule may file a civil rights complaint and request a review under OAR 413-010-0400 to 413-010-0480. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005 History: 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 31-2010, f. & cert. ef. 12-29-10 Renumbered from 413-120-0045, 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 16-1999, f. & cert. ef. 8-12-99
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) and the Intercountry Adoption Act of 2000, 42 USC 14901 to 14954 (IAA). The Convention and IAA apply to any case where a child who is a habitual resident of one Convention country has been, is being, or will be moved to another Convention country for the purpose of adoption. The Convention and IAA are intended to protect the rights of and prevent abuses against children, birth families, and adoptive parents involved in any adoption that is subject to the Convention and IAA and to ensure that such adoptions are in the best interests of the child. (2) The duty of the Department to enter into a formal agreement with the foreign authorized entity of the receiving Convention country for an outgoing Convention adoption to assure that the prospective adoptive parents are suitable and willing to adopt the child, support child safety, and assure the provision of needed services during the period of post-placement supervision prior to finalization of the adoption. Statutory/Other Authority: ORS 417.262, 417.265 & 418.005 Statutes/Other Implemented: ORS 417.262, 417.265 & 418.005 History: CWP 9-2014, f. & cert. ef. 5-1-14 CWP 23-2010, f. & cert. ef. 12-28-10 CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10
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 reporting. This includes, but is not limited to, information on each of the following actions for a Convention adoption, either incoming or outgoing, pending or finalized by the Department: (a) A child immigrating to the United States for the purpose of adoption; (b) A child emigrating from the United States for the purpose of adoption; (c) Number of disruptions; (d) Number of dissolutions; and (e) Average length of time to finalization. (2) The Department must maintain a database of all Oregon, licensed, private agency adoption placements, disruptions, finalizations, and dissolutions. This information must be reported to the U.S. Department of Health and Human Services Administration for Children, Youth, and Families Children's Bureau. Statutory/Other Authority: ORS 417.262, 417.265 & 418.005 Statutes/Other Implemented: ORS 417.262, 417.265 & 418.005 History: CWP 9-2014, f. & cert. ef. 5-1-14 CWP 23-2010, f. & cert. ef. 12-28-10 CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10
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 authorized entity of the child's birth country has determined that the Convention applies to the adoption. (2) The Department will cooperate with each applicable foreign authorized entity and comply with the requirements of the Convention and IAA with respect to each incoming Convention adoption. (3) Adoption planning for a child that may be the subject of an incoming Convention adoption must comply with all other applicable Department rules. Statutory/Other Authority: ORS 417.262, 417.265 & 418.005 Statutes/Other Implemented: ORS 417.262, 417.265 & 418.005 History: CWP 9-2014, f. & cert. ef. 5-1-14 CWP 23-2010, f. & cert. ef. 12-28-10 CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10
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 establishing that the region the child will travel to and reside in is approved as a safe place to travel by the U.S. State Department. (3) The child's move to the receiving Convention country must be made under secure and appropriate circumstances and in the company of the child's prospective adoptive parents, caseworker, or another adult. (4) The child must carry a regular passport from all countries in which the child is a citizen. (5) If the receiving Convention country requires a Hague custody declaration, the individual accompanying the child during travel must carry a copy of the Hague custody declaration. (6) After a child is placed in another country for the purpose of adoption, the Department must register the child with the U.S. State Department as a United States citizen living abroad. Statutory/Other Authority: ORS 417.262, 417.265 & 418.005 Statutes/Other Implemented: ORS 417.262, 417.265 & 418.005 History: CWP 9-2014, f. & cert. ef. 5-1-14 CWP 23-2010, f. & cert. ef. 12-28-10 CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10
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 supervision period may not be waived. (2) The Department must keep the foreign authorized entity fully informed about the adoption process and the steps taken to complete the adoption. (3) The Department must comply with the requirements of each of the following subsections: (a) Monitor the child's adoption placement by reviewing the 90-day written progress reports received from the foreign authorized entity. (b) Assess, based on the information in the 90-day reports, whether the child is adjusting to and being integrated into the prospective adoptive parent's household. (c) Complete all necessary steps related to the adoption assistance process, if applicable. (4) When it becomes known to the Department that there are significant changes to the situation of the prospective adoptive parents, including changes in family structure, the Department may require an updated adoption home study prior to making a determination to proceed with finalization of the adoption. (5) Prior to finalization of the adoption, when the local child welfare office determines the prospective adoptive parents are no longer appropriate for the child, the requirements of OAR 413-120-0870 apply. Statutory/Other Authority: ORS 417.262, 417.265 & 418.005 Statutes/Other Implemented: ORS 417.262, 417.265 & 418.005 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 9-2014, f. & cert. ef. 5-1-14 CWP 23-2010, f. & cert. ef. 12-28-10 CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10
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's adoption. (2) An outgoing Convention adoption must be finalized in Oregon pursuant to ORS 419B.529. (3) Concurrent with finalization of the outgoing Convention adoption the Department must request an order from the court making all of the necessary findings required by the Convention and IAA to support an application for a Hague adoption certificate. (4) After finalization of the outgoing Convention adoption the Department must apply for a Hague adoption certificate. To apply for a Hague adoption certificate the Department must submit all of the following to the Secretary of State: (a) A completed Hague adoption certificate application on the form prescribed by the Secretary of State; (b) A certified copy of the court's order finding that the child is eligible for adoption, that the adoption is in the child's best interest, granting the adoption, and verifying that the requirements of 22 C.F.R. 97.3 have been met; and (c) Any other additional documentation and information required by the Secretary of State. (5) For an outgoing Convention adoption, the Department must request two original Hague adoption certificates. The Department provides one original Hague adoption certificate to the adoptive parents and enters one original Hague adoption certificate into the sealed adoption record. Statutory/Other Authority: ORS 417.262, 417.265 & 418.005 Statutes/Other Implemented: ORS 417.262, 417.265, 418.005 & 419B.529 History: CWP 9-2014, f. & cert. ef. 5-1-14 CWP 23-2010, f. & cert. ef. 12-28-10 CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10
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 413-130-0130. Statutory/Other Authority: ORS 417.262, 417.265 & 418.005 Statutes/Other Implemented: ORS 417.262, 417.265 & 418.005 History: Reverted to CWP 9-2014, f. & cert. ef. 5-1-14 CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17 CWP 9-2014, f. & cert. ef. 5-1-14 CWP 23-2010, f. & cert. ef. 12-28-10 CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10
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 prospective adoptive parents. Statutory/Other Authority: ORS 417.262, 417.265 & 418.005 Statutes/Other Implemented: ORS 417.262, 417.265 & 418.005 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 9-2014, f. & cert. ef. 5-1-14 CWP 23-2010, f. & cert. ef. 12-28-10 CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10
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 of immigration and adoption in another Convention country. If the receiving Convention country requires a Hague custody declaration for placement of a child for adoption in the receiving Convention country, the Department must apply for and obtain a Hague custody declaration by completing the U.S. State Department's application and submitting the application with a court order with the proper findings supporting the application. (2) The Hague custody declaration must accompany the child when the child leaves the United States and travels to the other Convention country. Statutory/Other Authority: ORS 417.262, 417.265 & 418.005 Statutes/Other Implemented: ORS 417.262, 417.265 & 418.005 History: CWP 9-2014, f. & cert. ef. 5-1-14 CWP 23-2010, f. & cert. ef. 12-28-10 CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10
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 licensed adoption agency in Oregon. (b) A child relinquished by a parent directly to a pre-adoptive family residing in Oregon. (c) A child currently receiving guardianship assistance from the Department and being adopted by the guardian resource. (d) A child whose parent is deceased, who was receiving adoption assistance from the Department, who is being re-adopted by a family residing in Oregon. (2) These rules do not include criteria for program eligibility for adoption assistance for a child placed for adoption in Oregon by another public child welfare agency, as adoption assistance is the responsibility of the sending state. 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 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 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 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
413-130-0015 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 413-130-0020 who is ineligible for Title IV-E funded adoption assistance is eligible for state funded adoption assistance as described in OAR 413-130-0040(4)–(6). Administration of state funded adoption assistance is dependent upon the availability of such funds. (3) When all available state funds are obligated, the Department must continue to: (a) Accept new applications; (b) Accept requests to adjust an adoption assistance payment; and (c) Establish a waiting list. (4) As state funds become available, an adoption assistance payment may be made according to the date that the adoption assistance agreement is signed by all parties. The adoption assistance agreement may be retroactive for up to twelve months only when a foster care base rate payment, level of care payment, or personal care service payment was not made on behalf of the child. (5) When state funds are unavailable and a new adoption assistance application is received, the pre-adoptive family may sign an adoption assistance agreement only to prevent delay in finalizing the adoption, with the understanding that adoption assistance may be requested at a later date. 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 2-2014, f. 1-31-14, cert. ef. 2-1-14 CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11
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 pre-adoptive family under OAR 413-130-0040(5) may contact the Adoption Assistance and Guardianship Assistance Unit for help in submitting a written adoption assistance application directly to the Department. (3) A pre-adoptive family of a child in the custody of the Department must notify the Department in writing if they choose not to accept any form of adoption assistance. (4) An adoption assistance application is considered complete when the Adoption Assistance and Guardianship Assistance Unit has received a signed adoption assistance application form and all supporting documentation. (5) Except as described in subsections (a) and (b) of this section, the Adoption Assistance and Guardianship Assistance Unit must begin negotiation of the adoption assistance agreement no later than 60 calendar days after receipt of a completed adoption assistance application submitted for a legally free child in the home of an approved pre-adoptive family. (a) The Adoption Assistance and Guardianship Unit may delay negotiation of the adoption assistance payment for a completed application when the child is due for an updated CANS screening, a new CANS screening is warranted, or a CANS screening is in process or completed but a decision is pending regarding the level of care payment. The unit must begin negotiation no later than 30 calendar days from receipt of the final decision regarding the level of care payment. (b) The Adoption Assistance and Guardianship Unit may delay negotiation following a request by the caseworker, the pre-adoptive family, or adoptive family when there are extenuating circumstances regarding the child or family. The unit must begin negotiation no later than 30 calendar days from notification that the extenuating circumstance causing the delay has been resolved. 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 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 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95 SCF 2-1995, f. & cert. ef. 8-21-95