413-130-0020 Special Needs Determination for Adoption Assistance Eligibility (1) In order to be eligible for adoption assistance, funded through either federal or state funds, a child must be determined to have special needs. (2) The Department must make the determination that the child has special needs under each of the following subsections: (a) The child cannot or should not be returned to the home of his or her parent or parents. This decision is based on one of the following: (A) An order from a court of competent jurisdiction terminating parental rights. (B) The existence of a petition for termination of parental rights. (C) A voluntary relinquishment of parental rights for a child under the jurisdiction of the court, in the custody of the Department or in a subsequent adoption when there was an adoption assistance agreement in place during the prior adoption. (D) A voluntary relinquishment of parental rights and a judicial determination that remaining in the home of a specified relative as defined in OAR 413-100-0000 would be contrary to the welfare of the child. The request for the judicial determination must be filed within six months of the time the child last lived with the specified relative. (E) For a child who can be adopted in accordance with state or tribal law without a termination of parental rights or voluntary relinquishment of parental rights, the valid reason why the child cannot or should not be returned to the home of his or her parents. (F) In the case of a child whose parent or parents are deceased, verification of the death of the parent or parents. (G) For a child who is being adopted by the current guardian who is receiving guardianship assistance from the Department, the guardianship order must state that the child can not be returned to a parent . (b) The child has at least one of the following factors or conditions that make adoptive placement difficult to achieve: (A) A documented medical, physical, mental or emotional condition, or other clinically diagnosed disability, or a documented history of abuse or neglect or other identified predisposing factor that places the child at significant risk for future problems that need treatment; (B) Is a member of a sibling group that will be placed together and is difficult to place because there are three or more children, or if in a sibling group of two, at least one of the children is six years of age or older; (C) Is a member of an ethnic, racial or cultural minority (such as African American, Hispanic, Asian, Indian or Pacific Islander); or (D) Is eight years of age or older. (c) A reasonable but unsuccessful effort to place the child with an appropriate adoptive family for adoption without adoption assistance has been made, unless such an effort is not in the best interest of the child for reasons including placement with a relative or another person with whom the child has an established significant relationship. 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 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 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