justicedao/ipfs_state_laws huggingface dataset:
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 in OAR 413-140-0028 to 0030, upon the Department as set forth in ORS 109.285 (5)(a) and ORS 109.276. (2) Documents initially filed with the court must be delivered by registered or certified mail with return receipt or by personal service to the following address: Oregon Department of Human Services, Attention: Independent Adoptions, 500 Summer Street NE, E-71, Salem, OR 97301-1066. Statutory/Other Authority: ORS 109.276, ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 418.005, ORS 109.285 & ORS 409.010 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 15-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06
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 waiting period, adoption home study requirement or placement report: (1) Petition for adoption containing information as outlined in ORS 109.285 and Oregon Laws 2021. Ch. 398, Section 8(1), which must include, in part: (2) Exhibits attached to petition in accordance with ORS 109.285(3). (3) Unless waived by the Department , written evidence documenting a current adoption home study and certificate of approval in accordance with Child Welfare Policy I-G.4, "Non-Departmental Adoptions", OAR 413-140-0035. (4) Unless waived by the Department , a placement report in accordance with Child Welfare Policy I-G.4, "Non-Departmental Adoptions", OAR 413-140-0040. (5) The Adoption Summary and Segregated Information Statement as outlined in ORS 109.287(1). (6) Exhibits attached to the Adoption Summary and Segregated Information Statement in accordance with ORS 109.287(2). Statutory/Other Authority: ORS 109.276, ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 109.092, ORS 109.094, ORS 109.096, ORS 109.239, ORS 109.243, ORS 109.276, ORS 109.281, ORS 109.301, ORS 109.285, ORS 109.287, ORS 109.326, ORS 109.330, ORS 109.342, ORS 109.353, ORS 109.385, ORS 109.400, ORS 109.450, ORS 109.701 to 109.784, ORS 409.010 & ORS 417.200 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 15-2013, f. 12-31-13, cert. ef. 1-1-14 CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06 CWP 24-2005(Temp), f. 12-30-05, cert. ef. 1-1-06 thru 6-30-06 SOSCF 50-2001, f. 12-31-01 cert. ef. 1-1-02 SOSCF 32-2000, f. & cert. ef. 11-7-00 SOSCF 2-2000, f. & cert. ef. 1-14-00 SOSCF 2-1998, f. & cert. ef. 1-28-98 SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95
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 ORS 109.276(8)(a)(A) and OAR 413-140-0032(3) and, when applicable, will assign the placement report as outlined in 413-140-0040. (2) Within 90 days of the Department’s receipt of the filed petition or amended petition, the Department must file an ICWA Compliance Report to document the Department’s determination of whether information submitted by the petitioner is sufficient and complete for the court to make the ORICWA findings required per ORS 109.278(2). (3) After receipt of the court’s determination regarding the applicability of ORICWA , the Department will provide written notification to the court and the petitioner indicating: (a) The Department's determination regarding any waivers that have been requested in accordance with OAR 413-140-0032; (b) When applicable, information regarding the assignment of a placement report; and (c) Other considerations regarding documentation required to be served upon the Department pursuant to ORS 109.285(5)(a). (4) The Department must notify the court, in writing, when the Department reasonably suspects that the conduct of a person involved in an adoption or the conduct of an adoption agency violates Oregon law. Examples of such violations include but are not limited to: (a) Any actions that constitute a violation or possible violation of ORS 109.281. (b) Prohibitions regarding placement of a child for adoption pursuant to ORS 418.300. (c) Prohibitions regarding buying and selling a person under 18 years of age pursuant to ORS 163.537. (d) Fees charged by an Oregon licensed adoption agency that are not in accordance with ORS 109.281(3) and OAR 413-140-0035(3). (5) The Department must provide a copy of the notification described in section (3) of this rule to the petitioner and when applicable, to the licensed adoption agency. Statutory/Other Authority: ORS 109.276, ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 109.285, ORS 163.537, ORS 109.276, ORS 109.281, ORS 409.010 & ORS 418.300 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 15-2013, f. 12-31-13, cert. ef. 1-1-14
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) Approved background checks in accordance with OAR 413-140-0065 for all adult household members; (b) Documented completion of minimum pre-adoption training required under Child Welfare Policy II-C.1.3, "Licensing Adoption Agencies", OAR 413-215-0456, or by the Department of State under the Inter-Country Adoption Act of 2000 (42 USC 14923), 22 CFR 96.48, when applicable; and (c) Evidence that the adoptive applicant demonstrates the following: (A) Capability to meet the child's specific emotional and physical needs; (B) Ability to ensure the safety of the child being sought for adoption; (C) Financial ability within the household to ensure the stability and financial security of the family; (D) Understanding that adoption is a lifelong commitment to provide a safe and permanent family for a child not born to them; and (E) Consideration of the benefits and challenges of open adoption and the various levels of openness in the adoption plan, as applicable. Statutory/Other Authority: ORS 109.276, ORS 181.537, ORS 409.050, ORS 418.005 & ORS 418.240 Statutes/Other Implemented: ORS 418.005, ORS 109.276 & ORS 409.010 History: CWP 11-2022, amend filed 06/23/2022, effective 07/01/2022 CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14
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 413-010-0000 to 413-010-0075; I-G.3.3, "Adoption Registry", OAR 413-130-0300 to 413-130-0360; and I-G.3.4, "Assisted Search Program", OAR 413-130-0400 to 413-130-0520; or (2) As otherwise authorized by law. Statutory/Other Authority: ORS 409.050 & 418.005 Statutes/Other Implemented: ORS 409.010 & 418.005 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
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 of a resource parent with the certification standards in OAR 413-200-0301 to 413-200-0396 ; and (c) Renewal of a resource parent . (d) Disclosure of information about an applicant or resource parent . (2) The following do not apply to an applicant seeking to be a potential adoptive resource: OAR 413-200-0275, 413-200-0276 , 413-200-0278 , 413-200-0281 , 413-200-0283 , 413-200-0285 , 413-200-0287 , 413-200-0292 , 413-200-0294 , and 413-200-0296 . Statutory/Other Authority: ORS 418.642, ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 418.015, ORS 418.016, ORS 418.027, ORS 418.285, ORS 418.315, ORS 418.470, ORS 418.005, ORS 409.010, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 20-2025, amend filed 12/23/2025, effective 01/01/2026 CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 53-2019, amend filed 12/23/2019, effective 01/01/2020 CWP 54-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 36-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 2-2009, f. & cert. ef. 2-2-09 CWP 19-2007, f. & cert. ef. 11-1-07 CWP 18-2007, f. & cert. ef. 11-1-07 CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 17-1999, f. & cert. ef. 8-12-99
413-200-0301 Purpose and Applicability of Certification Standards (1) The purpose of OAR 413-200-0301 to 413-200-0396 is to describe the criteria for approval as: (a) A resource parent; or (b) A potential adoptive resource. (2) These rules apply to any individual who: (a) Has applied to become a resource parent or potential adoptive resource; (b) Is currently a resource parent ; or (c) Has applied to renew certification. Statutory/Other Authority: ORS 409.050, ORS 418.005, ORS 418.016, ORS 418.640 & ORS 418.642 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.015, ORS 418.016, ORS 418.027, ORS 418.285, ORS 418.315, ORS 418.470, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 111-2018, amend filed 10/11/2018, effective 10/11/2018 CWP 55-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 3-2009, f. & cert. ef. 2-2-09 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 7-2001, f. & cert. ef. 3-23-01 SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01
413-200-0305 Authorization (1) Title IV-E, section 471(a)(10) of the Social Security Act, requires the State of Oregon to establish a state authority responsible for establishing and maintaining standards for foster family homes and child caring institutions. (2) ORS 418.005 gives the Department the authority and responsibility to approve homes for a child in the care or custody of the Department. ORS 418.005 authorizes the Department to develop rules to approve these homes. (3) In these rules, a resource parent is a foster parent under ORS 418.016, 418.625, 418.640 and 418.648. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 111-2018, amend filed 10/11/2018, effective 10/11/2018 CWP 55-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 3-2009, f. & cert. ef. 2-2-09 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 7-2001, f. & cert. ef. 3-23-01 SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01
413-200-0306 Eligibility for Certified Resource Families and Adoptive Resources To qualify as a resource parent or adoptive resource for a child in the care or custody of the Department, an individual must: (1) Be at least 18 years of age. (2) Submit a completed application on a form, and in the manner, prescribed by the Department. (3) When individuals are lawfully married, have a domestic partnership (as defined in ORS 106.310), or are cohabitating, individuals are required to apply, unless: (a) An individual is in the military and stationed out of the state; or (b) There are circumstances in which an individual will have limited responsibility for limited household management or care of a child placed in the home. (c) There are circumstances in which the family dynamic is such that it is in the best interest of the child to allow only an individual to be certified. (d) For (b) and (c) a Child Welfare Program Manager or designee approval is required. (4) For (b) and (c), for purposes of adoption, the Child Welfare Permanency Program Manager or designee approval is required. (5) Participate in the applicant assessment processes prescribed by the Department, and provide additional information requested by the Department to support the assessment; and (6) Be determined by the Department to meet the qualifications and standards required by OAR 413-200-0301 to 413-200-0396. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 14-2022, amend filed 06/23/2022, effective 06/29/2022 CWP 30-2021, temporary amend filed 12/20/2021, effective 01/01/2022 through 06/29/2022 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 53-2019, amend filed 12/23/2019, effective 01/01/2020 CWP 54-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018 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 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 3-2009, f. & cert. ef. 2-2-09 CWP 25-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09 CWP 19-2007, f. & cert. ef. 11-1-07 Suspended by CWP 12-2007(Temp), f. & cert. ef. 7-13-07 thru 11-27-07 CWP 11-2007(Temp), f. & cert. ef. 6-1-07 thru 11-27-07 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 7-2001, f. & cert. ef. 3-23-01
413-200-0348 Requirements Regarding the Number of Children in the Home (1) Except as provided in section (3) of this rule, a resource parent may not exceed the following maximum capacity: (a) A total of four children to one resource parent living in the home; (b) A total of seven children to two resource parents living in the home; (c) A total of two children under the age of three; or (d) A total of six children in the care or custody of the Department. (2) When counting the children under (1)(a)-(c) of this rule, each child living in the home is included. (3) Under special circumstances, the Department may approve placement of an additional child in the home of a resource parent that exceeds the maximum capacity specified in section (1)(a)-(c) of this rule if one of the following exceptions apply: (a) To allow a parenting child in the care or custody of the Department to remain with their child; (b) To allow siblings to remain together; (c) To allow a resource parent with special training or skills to provide care to a specific child in the care or custody of the Department. (4) Special circumstances for (1)(d) include 3 (a)-(c) of this rule and t o allow a family with special training or skills to provide care to a child in the care or custody of the Department with a disability. (5) A resource parent may not accept a child for placement from another agency without prior approval of the Department. (6) A resource parent may not provide formal or informal adult foster care or child care without prior approval of the Department. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 418.015, ORS 418.315, ORS 418.005, ORS 409.010, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 53-2019, amend filed 12/23/2019, effective 01/01/2020 CWP 54-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 7-2001, f. & cert. ef. 3-23-01
413-200-0352 Requirements for the Care of Children in the Care or Custody of the Department The resource parent must comply with all of the following requirements related to the care of a child in the care or custody of the Department placed in the home. (1) Work cooperatively with the Department, to support the case plan and meet the needs of the child in the care or custody of the Department placed with the resource parent including, but not limited to: (a) Health, dental, and mental health care; (b) Intellectual, emotional, social, and recreational needs, including participation in extracurricular, enrichment, cultural, and social activities ; (c) Continued contact or connection with family members, siblings, relatives and others with whom the child has developed an emotional attachment; and (d) Adequate clothing that is age-appropriate and meets the cultural and gender identity and gender expression of the child. (2) Include the child in the care or custody of the Department placed with the resource parent as part of the resource parent household. (3) Assure that, when a child in the care or custody of the Department leaves the resource parent, the belongings, both those brought with the child and those obtained while living in the home, remain with the child. (4) When a child in the care or custody of the Department placed in the home is missing, immediately report to: (a) Law enforcement; (b) The National Center for Missing and Exploited Children; and (c) The Department. (5) Not subject any child to abuse, as described in ORS 419B.005 and 418.257. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.015, ORS 418.315, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 93-2023, amend filed 12/22/2023, effective 01/01/2024 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 53-2019, amend filed 12/23/2019, effective 01/01/2020 CWP 111-2018, amend filed 10/11/2018, effective 10/11/2018 CWP 55-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 17-2016, f. & cert. ef. 9-29-16 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 Renumbered from 413-200-0375, CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 7-2001, f. & cert. ef. 3-23-01 SOSCF 29-2000(Temp), f. & cert. ef. 9-27-00 thru 3-23-01
413-200-0356 Requirements Regarding Extracurricular, Enrichment, Cultural, and Social Activities (1) In regard to the child in the care or custody of the Department placed in the home, the resource parent must: (a) Support the child in their interests to participate in age-appropriate or developmentally appropriate activities, including extracurricular, enrichment, cultural, and social activities . (b) Ensure the child has ongoing opportunities to participate in at least one age-appropriate or developmentally appropriate activity. (c) Apply the reasonable and prudent parent standard, as well consulting with the child’s caseworker when determining whether to allow a child in substitute care to participate in extracurricular, enrichment, cultural, and social activities. (d) Periodically update the Department regarding participation by the child in extracurricular, enrichment, cultural, and social activities , including any barriers that may keep the child from participation in such activities. (2) When applying the reasonable and prudent parent standard, the resource parent must consider the age, maturity, and developmental level and best interest of a child in the care or custody of the Department placed in the home ; and the potential harm, if any, of the activity. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.015, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.645, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 53-2019, amend filed 12/23/2019, effective 01/01/2020 CWP 54-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 2-2018, temporary amend filed 01/01/2018, effective 01/01/2018 through 06/29/2018 CWP 20-2015, f. & cert. ef. 10-1-15
413-200-0377 Confidentiality (1) The resource parent must exercise good judgment in sharing personal information about a child in the care or custody of the Department placed in the home and the family of the child. The resource parent must store documents in a way that protects the privacy of the child and their family. (2) The resource parent may not disclose confidential information regarding a child in the care or custody of the Department placed in the home or the family of a child, except when necessary to promote or to protect the health and welfare of the child or the community. (3) Social Media/Image: When utilizing social media, a resource parent may not identify any child, in the care or custody of the Department placed in the home, and that child’s photo may not be tagged. (4) A resource parent must follow the Department’s direction in disclosure of photos or images to be used outside of (3) of this rule. Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.640 Statutes/Other Implemented: ORS 418.005, ORS 409.010, ORS 418.625, ORS 418.627, ORS 418.630, ORS 418.635, ORS 418.640, ORS 418.642, ORS 418.643, ORS 418.644, ORS 418.647 & ORS 418.648 History: CWP 12-2025, amend filed 08/07/2025, effective 08/11/2025 CWP 21-2022, amend filed 09/27/2022, effective 10/01/2022 CWP 17-2022, temporary amend filed 06/28/2022, effective 06/29/2022 through 12/25/2022 CWP 9-2021, amend filed 03/26/2021, effective 04/15/2021 CWP 111-2018, amend filed 10/11/2018, effective 10/11/2018 CWP 55-2018, temporary amend filed 06/29/2018, effective 06/29/2018 through 12/25/2018 CWP 20-2015, f. & cert. ef. 10-1-15 CWP 37-2011, f. 12-27-11, cert. ef. 12-28-11 CWP 4-2007, f. & cert. ef. 3-20-07 SOSCF 7-2001, f. & cert. ef. 3-23-01