justicedao/ipfs_state_laws huggingface dataset:
413-120-0165 Requirements Prior to Proceeding to Legalization of the Adoption When the supervision period is concluded and the Central Office Child Permanency Program receives a request from the adoptive resource or their legal representative to proceed with finalization of the adoption in the juvenile court, the Central Office Child Permanency Program shall assure that the following requirements have been met or processes have been completed before proceeding with forwarding the matter to the juvenile court for legalization: (1) The requirements of the ICWA, ORICWA and OAR chapter 413, division 115 have been met. (2) If applicable, the requirements of the Interstate Compact on Placement of Children have been met (OAR 413-040-0200 through 0330). (3) The parent and petitioners have been advised of the Voluntary Adoption Registry (OAR 413-130-0300 through 0360). (4) The worker has assessed the child's need for openness in adoption, and if appropriate to the case, has provided information to the adoptive resource and facilitated the development of a Post Adoption Communication Agreement (OAR 413-120-0610 through 0650); and (5) The child has been referred to the Adoption Assistance Program; and if the child meets the criteria, a written Adoption Assistance Agreement has been completed, (OAR 413-130-0000 through 0110). If the adoptive resource decline to participate in the Adoption Assistance Program, the worker must obtain a statement signed by the adoptive resource which says that they have been fully informed of the availability of the Adoption Assistance Program and waive their rights to these benefits now and in the future. 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 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 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
413-120-0170 Attorney Fees If Adoption Assistance has been approved, and the adoptive resource elect to use an attorney to assist with legalization, the adoptive resource can request reimbursement for reasonable and necessary attorney fees through the Adoption Assistance Program pursuant to OAR 413-130-0080(1), (4), 413-130-0090, and 413-120-0115(1) and (2). 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
413-120-0175 Court Filing Requirements When the requirements of OAR 413-120-0165 have been met, the Central Office Child Permanency Program will send the following to the attorney selected by the adoptive resource, and the attorney must file with the court: (1) A written consent to the adoption. (2) A placement report requesting the juvenile court to enter a decree of adoption. (3) Indian Child Welfare Act statement, ORS 109.315(1)(h). (4) Statement regarding Voluntary Adoption Registry Notification, ORS 109.35. (5) Documentation regarding compliance with the Interstate Compact on Placement of Children, Article IV, ORS 417.200. (6) Adoption Disclosure Statement, form CF 960. 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 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 9-2004, f. & cert. ef. 4-1-04 CWP 40-2003(Temp), f. & cert. ef. 11-25-03 thru 5-21-04 SOSCF 12-1999, f. & cert. ef. 7-6-99
413-120-0190 Purpose These rules (OAR 413-120-0190 to 413-120-0246) describe the Department's: (1) Adoption application requirements for Oregon residents. (a) Applying to adopt a child in the legal custody of the Department. (b) Submitting an application to the Department for approval to be a potential adoptive resource for a child in the custody of a public child welfare agency in another state after the agency in the other state has submitted an adoptive placement request to the Department in accordance with the ICPC. (c) Submitting an application to the Department for approval to be a potential adoptive resource for a child in the custody of a public child welfare agency in another country after the agency in the other country has submitted an adoption home study request to the Department and in accordance, when applicable, with "Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act", OAR 413-120-0900 to 413-120-0970. (2) Authority regarding adoption applications submitted to the Department. (3) Adoption home study criteria for individuals applying to adopt a child in the legal custody of the Department. (4) Standards for an adoptive home for a child in the care or custody of the Department. (5) Authority to release an adoption home study. Statutory/Other Authority: ORS 418.005, 418.280 & 418.285 Statutes/Other Implemented: ORS 418.005, 418.280 & 418.285 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 33-2010, f. & cert. ef. 12-29-10 CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 CWP 37-2008, f. & cert. ef. 11-3-08 SOSCF 36-2001, f. 6-29-01, cert. ef. 7-1-01
413-120-0222 Conflict of Interest for Adoptive Applicants (1) When an applicant or relative applicant under OAR 413-120-0220 is a Department staff member, the requirements of the Department's Administrative Policy DHS-060-002, "Conflict of Interest Policy". (2) When an applicant under OAR 413-120-0220 is not a DHS staff member and the Child Welfare Program Manager determines a potential conflict of interest with the Department exists, section (3) of this rule applies. If the Child Welfare Program Manager is unable to determine if there is a conflict of interest, the Child Permanency Program Manager or designee makes the determination. (3) An applicant or relative applicant who has a conflict of interest with the Department is referred to one of the following entities for application and completion of the adoption home study: (a) A local child welfare office in another district, upon the approval of the supervisor; or (b) A contracted adoption agency, with the approval of the Child Permanency Program Manager or designee. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005, 418.280 & 418.285 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 33-2010, f. & cert. ef. 12-29-10
413-120-0225 Conditions that Require Additional Approval or Termination of the Department's Adoption Application Process (1) Prior to proceeding with an application for approval to be a potential adoptive resource submitted by an individual who has lost permanent custody of a child, there must be an approval by the Child Permanency Program Manager or designee, at the request of the District Manager or designee. (2) The Department may terminate the application process and deny an application for approval to be a potential adoptive resource at any time or remove a completed adoption home study from consideration, when one or more of the following subsections applies: (a) Information regarding the applicant or relative applicant is sufficient to determine the applicant or relative applicant cannot meet adoption home standards described in OAR 413-120-0246. (b) An applicant or relative applicant has or had a license or certificate to provide services to children, the elderly, or individuals with disabilities and the license or certificate has previously been or is currently being denied, revoked, or suspended. (c) The applicant or relative applicant falsifies or omits information. (d) The applicant or relative applicant does not respond to the inquiries and requests for information within the timelines established by the Department. (e) The applicant or relative applicant does not submit the required application information under OAR 413-120-0220. (f) The applicant or relative applicant is selected by another adoption agency to adopt a child. (3) When the Department terminates the adoption application process, the caseworker must: (a) Send written notification of the termination to the applicant or relative applicant; and (b) Document the termination and notification in the Department's information system. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005, 418.280 & 418.285 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 33-2010, f. & cert. ef. 12-29-10 CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
413-120-0240 Status Notification of Adoption Applications The Department must send written notice of the status of the application to an individual who has submitted an application for approval to be a potential adoptive resource to the Department when the requirements of any of the following sections apply: (1) The adoption home study is not initiated within 180 calendar days from the date the application is received; or (2) The Department determines that an individual will not be recommended as a potential adoptive resource. Statutory/Other Authority: ORS 418.005, 418.280 & 418.285 Statutes/Other Implemented: ORS 418.005, 418.280 & 418.285 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 33-2010, f. & cert. ef. 12-29-10 CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10 CWP 37-2008, f. & cert. ef. 11-3-08 SOSCF 36-2001, f. 6-29-01, cert. ef. 7-1-01
413-120-0243 Prioritization of an Adoption Home Study Application The Department has discretion to prioritize adoption home study applications received from the following individuals according to the needs of the child or children awaiting adoption rather than the date of receipt of an application; (1) A relative applicant. (2) An applicant applying as a current caretaker for a child. (3) A general applicant when the Department has determined that further general recruitment is not required under OAR 413-120-0750. (4) A general applicant interested in adopting a child with special needs for whom there are few or no available approved homes. (5) An individual who is a general applicant other than those described in sections (3) and (4) of this rule. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 418.005, 418.280 & 418.285 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 21-2015, f. & cert. ef. 10-1-15 CWP 33-2010, f. & cert. ef. 12-29-10 CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
413-120-0600 Purpose The purpose of these rules OAR 413-600-0005 through 0035 is to provide guidelines for a cooperative adoption planning process, as well as procedures for developing Post Adoption Communication Agreements (PACA), funded and managed by the Department’s Adoption Services Program Unit. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.305 History: CWP 33-2003, f. & cert. ef. 10-3-03 SCF 6-1996, f. & cert. ef. 9-17-96
413-120-0625 Roles and Responsibilities (1) Child’s caseworker: The child’s caseworker represents the custodian of the child and assesses the appropriateness of mediation for cooperative post adoption planning for the children on their caseload. The child’s caseworker consults with the supervisor and LAS, and seeks input from other interested persons. The decision to refer a case to mediation is based on the best interest of the child and whether the child’s safety and permanency needs will be met with post-adoption communication. The child’s caseworker consults with an adoption worker, if assigned, or the identified adoptive resource and the parent about willingness to participate in the cooperative adoption mediation process. The child’s caseworker initiates the referral to mediation and is the primary contact for the contract mediator. (2) Adoption worker: The adoption worker connects to the cooperative adoption mediation process, selected adoptive resource (including preliminary current caretaker families) of children who may benefit from post-adoption communication. The adoption worker collaborates with the child’s worker to identify benefits of the cooperative adoption mediation process and documents safety concerns to be communicated on the Mediation Referral Form. (3) LAS: (a) The LAS ensures that legal assistance mediation or cooperative adoption mediation services are included in the discussions of the plan to legally free the child for adoption (by relinquishment or termination of parental rights). The LAS determines, in consultation with the child’s worker and the legal assistance attorney, whether cooperative adoption mediation planning meets the child’s best interest post adoptively. If the referral is appropriate the LAS approves the Referral for Mediation (CF 0437). The LAS confers with the child’s caseworker when the caseworker determines that the PACA may not meet the safety concerns of the child. The LAS advises the child’s caseworker on additional requirements related to Indian children. (b) The outcome of the procedures to terminate parental rights shall not be the basis of ending the cooperative adoption mediation process. (4) Contract Mediator: The contracted mediator for the cooperative adoption mediation process assists mediation participants in clarifying issues and stating expectations. The mediator is a neutral third party who assists the mediation participants in exploring options and empowers the mediation participants to make decisions through the confidential cooperative adoption planning process. The mediator will not make or impose decisions about the final outcome of the PACA. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.305 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 33-2003, f. & cert. ef. 10-3-03
413-120-0628 Criteria for Using the Cooperative Adoption Mediation Process (1) The fundamental criteria for referring a child for a cooperative adoption mediation process is the best interest of the child’s well-being, permanency and safety. It is the responsibility of the department to determine if a referral for mediation is appropriate in accordance with the criteria of OAR 413-120-0628(1) through (3). (2) Parent(s) who actively chose adoption for their child through voluntary relinquishment of parental rights and who do not present a danger to their child or to an adoptive resource, may be most appropriate to participate in a cooperative adoption mediation process. However, parent(s) who have an adversarial relationship with the Department may be able to work cooperatively with a mediator and the adoptive resource in a cooperative adoption mediation process. (3) The decision of a parent to relinquish parental rights or a Department decision to proceed to a termination of parental rights trial must be made independent from the Department’s decision to refer a case for cooperative adoption mediation. One decision must not be conditioned upon the other. (a) Relinquishment or termination of parental rights resolves the child’s legal status; (b) The cooperative adoption mediation process is not a means to avoid a termination of parental rights trial. At no time shall a voluntary relinquishment be conditioned on the willingness of the parent and/or adoptive resource to enter into a cooperative adoption mediation process; (c) Caseworkers may not guarantee a certain level of openness in adoption nor make any promises regarding the cooperative adoption mediation process to convince a parent(s) to voluntarily relinquish the child for adoption. Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.305 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 33-2003, f. & cert. ef. 10-3-03
413-120-0630 Post Adoption Communication Agreements (PACAs) (1) The cooperative adoption mediation process allows the mediation participants to make an informed and self determined decision after exploring the full range of options available to them. These decisions may be memorialized in a PACA. Post Adoption Communication Agreements make the most sense in situations where birth parent(s) are working with the agency to plan adoption, and where voluntary relinquishment of parental rights will be the mechanism to legally free the child for adoption rather than termination of parental rights. Parents who actively choose adoption for their child, and who do not present a danger to their child or to an adoptive resource, are appropriate for a Post Adoption Communication Agreement. (2) The PACA must address the safety concerns listed in the Mediation Referral Form. (3) The PACA must not condition the terms of agreement upon the decision of the parent to relinquish parental rights. (4) Informed decision making in mediation involves giving the participants the opportunity to make self-determined decisions after exploring options that may impact the terms of their final agreement. The following characteristics should be considered in forming a PACA: (a) It is based on the individual needs of the child and capable of meeting the child’s developmental needs over time; (b) Reflects the intent of relationship building in order for the adoptive resource to meet the needs of the adopted child through growth and development; (c) It is clear and can be understood by the mediation participants; (d) It addresses how contingencies will be handled. For example: failure to adhere to the terms of the agreement by any mediation participant; requests for informal changes to the terms of the agreement, etc. (e) It includes a procedure for modifying the agreement to meet the changes of the child through growth; (f) It addresses how costs to support the agreement, such as transportation, counseling, supervision of visits, and letter and picture exchanges will be met. [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 418.005 Statutes/Other Implemented: ORS 109.305 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 33-2003, f. & cert. ef. 10-3-03
413-120-0700 Purpose (1) The purpose of OAR 413-120-0700 to 413-120-0760 is to describe the responsibilities of the Department to: (a) Identify the potential adoptive resources for a child or sibling group under consideration for adoption to best meet the current and lifelong needs of each child for safety, attachment, and well-being; (b) Establish an order of preference for assessment and consideration of potential adoptive resources; and (c) Consider a current caretaker or relative applicant request for an adoption home study in order to be considered as a potential adoptive resource. (2) The term "sibling group" means siblings in the care or custody of the Department who are under consideration for adoption together. Statutory/Other Authority: ORS 109.309, ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 419B.100, ORS 419B.192, ORS 109.309, ORS 418.005, ORS 409.010, ORS 418.280, ORS 418.285, ORS 418.937, ORS 419B.090 & ORS 419A.004 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 41-2019, minor correction filed 08/08/2019, effective 08/08/2019 CWP 56-2018, amend filed 06/29/2018, effective 06/29/2018 CWP 31-2017, temporary amend filed 12/31/2017, effective 01/01/2018 through 06/29/2018 CWP 21-2015, f. & cert. ef. 10-1-15 CWP 35-2010, f. & cert. ef. 12-29-10 CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
413-120-0720 Department Efforts to Place with Relatives, Current Caretakers and to Place Siblings Together (1) The Department's preference for placement of a child is to place siblings together for the purpose of adoption with relatives or current caretakers. (2) Prior to pursuing a general applicant as a potential adoptive resource, the caseworker and the caseworker's supervisor must comply with all of the following requirements: (a) Review the diligent efforts of the Department to identify, contact, and place a child with relatives and to place siblings together as required by OAR 413-070-0060 to 413-070-0087. (b) Confirm there are no current Department actions to identify or assess a relative who has expressed an interest in being assessed as a potential adoptive resource for the child or sibling group. (c) Confirm there are no Department actions to identify or assess a current caretaker who has expressed an interest in being assessed as a potential adoptive resource for the child or sibling group. Statutory/Other Authority: ORS 109.309, ORS 409.050 & ORS 418.005 Statutes/Other Implemented: ORS 418.005, ORS 109.309, ORS 409.010, ORS 418.285, ORS 419B.090 & ORS 419B.192 History: CWP 123-2018, amend filed 12/12/2018, effective 12/12/2018 CWP 21-2015, f. & cert. ef. 10-1-15 CWP 16-2015(Temp), f. & cert ef. 9-1-15 thru 2-27-16 CWP 35-2010, f. & cert. ef. 12-29-10 CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10
413-120-0730 Order of Preference for Identification of Potential Adoptive Resources (1) Except as provided in sections (2) and (3) of this rule, when identifying potential adoptive resources for a child or sibling group, the caseworker must consider the needs and the best interest of each child, and assess the knowledge, skills, and abilities of each applicant or relative applicant for approval to be a potential adoptive resource in the following order of preference: (a) Except when (c) of this section applies, a relative as defined in OAR 413-120-0000(68)(a)-(c). (b) Except when (c) of this section applies, a relative as defined in OAR 413-120-0000(68)(d). (c) When a child or sibling group has a current caretaker as defined in OAR 413-120-0000(26), the current caretaker and a relative as defined in OAR 413-120-0000(68)(a)-(d). (d) A general applicant. (e) When an individual would otherwise meet the definition of current caretaker, except for being a relative as defined in OAR 413-120-0000(68)(d), the individual is considered a current caretaker for purposes of this section. (2) For an Indian child, the caseworker must comply with the ICWA and OAR chapter 413, division 115. (3) For a refugee child, the caseworker must comply with OAR 413-070-0300 to 413-070-0380. (4) When an exception to the order of preference in section (1) of this rule is determined in the best interest of the child, the Child Welfare Program Manager must submit a written request to the Child Permanency Program Manager (5) When a request for exception is received, the Child Permanency Program Manager must submit it to the Director of the Department or designee for review and consideration. Within 30 days of receipt of the written request, the Director of the Department or designee must determine whether to grant the exception. Statutory/Other Authority: ORS 109.309 & ORS 418.005 Statutes/Other Implemented: ORS 418.005, ORS 109.309 & ORS 419B.192 History: CWP 6-2026, amend filed 01/28/2026, effective 01/28/2026 CWP 11-2024, minor correction filed 04/30/2024, effective 04/30/2024 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 8-2016, f. & cert. ef 6-1-16 CWP 3-2016(Temp), f. & cert. ef. 2-24-16 thru 8-21-16 CWP 21-2015, f. & cert. ef. 10-1-15 CWP 16-2015(Temp), f. & cert ef. 9-1-15 thru 2-27-16 CWP 20-2011, f. & cert. ef. 9-19-11 CWP 4-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11 CWP 35-2010, f. & cert. ef. 12-29-10 CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10