justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.285. Summary and Segregated Information Statement and the exhibits submitted under ORS 109.287. (e) The department shall, subject to ORS 109.270, adopt rules to implement the provisions of this subsection. (9) The department may charge the petitioner a fee for investigating a proposed nonagency adoption and preparing the home study required under subsection (7) of this section and the placement report required under subsection (8) of this section. The petitioner shall report the fee amount to the court. The court granting the adoption shall make a finding as to whether the fee is necessary and reasonable. Any fee charged may not exceed reasonable costs for investigation, home study and placement report preparation. The department shall prescribe by rule the procedure for computing the investigation, home study and placement report preparation fee. The rules shall provide a waiver of either part or all of the fee based upon the petitioners ability to pay. (10) The court may not rule upon a petition for the adoption of a minor child until at least 90 days after the date that the petition and documents required to be served on the Director of Human Services under ORS 109.285 and 109.287 have been served upon the director. The department may waive the 90-day waiting period. (11) The amounts of any fees collected under subsection (9) of this section are continuously appropriated to the department for use in preparing home studies and placement reports required under this section. (12)(a) Except as provided in paragraph (b) of this subsection, a court may not grant a judgment for the adoption of a minor child unless the petitioner has filed with the court: (A) A petition, including exhibits attached to the petition, meeting the requirements of ORS 109.285; (B) Written evidence that a home study has been completed and approved, unless waived, under subsection (7) of this section; (C) A placement report under subsection (8) of this section unless waived; and (D) The Adoption Summary and Segregated Information Statement under ORS 109.287, including exhibits attached to the statement. (b) Except when the court finds that there is reason to know that the child is an Indian child, a person is not required to file a home study or a placement report with the court when the department has granted the person a waiver under department rules. (13) When the court conducts a hearing under ORS 109.266 to 109.410 regarding the adoption of a minor child, the court shall make the inquiries described in ORS 419B.636 (4)(b) and make a finding and order subject to the procedures under ORS 419B.636 (4) regarding whether there is reason to know that the child is an Indian child. [Formerly 109.309]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.287. Adoption Summary and Segregated Information Statement; exhibits; confidentiality. (1) An Adoption Summary and Segregated Information Statement must be filed concurrently with every petition for adoption of a minor child filed under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.289. Separate record of the case; sealing of adoption records; inspection, copying and disclosure; fees. (1) The clerk or court administrator of any court having jurisdiction over adoption proceedings shall keep a separate record of the case for each adoption proceeding filed with the court. Adoption proceedings shall not be entered upon the general records of the court. (2) The clerk, court administrator and any other person having custody of the records, papers and files in the courts record of an adoption case shall cause the records, papers and files, both prior to entry of judgment and after entry of judgment of adoption, to be sealed. The clerk, court administrator and any other person having custody of the records, papers and files shall not unseal or allow inspection or copying of or disclose any information in the records, papers and files to any person or entity, except as provided in this section or pursuant to ORS 109.266 to 109.410 or 109.425 to 109.507. (3) Prior to entry of judgment in an adoption proceeding, and after entry of judgment in an adoption proceeding but prior to the minor child who is the subject of the adoption proceeding attaining 18 years of age, the following may inspect and copy sealed records, papers and files that are maintained in the courts record of an adoption case without a court order: (a) Presiding judges and judges of the court operating under the Judicial Department, and court staff or other persons operating under the direction of the presiding judges or judges; (b) Petitioners and their attorneys of record; (c) The Department of Human Services; and (d) If the minor child is an Indian child, the Indian childs tribe and the United States Secretary of the Interior. (4) After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, the following may inspect and copy sealed records, papers and files that are maintained in the courts record of the adoption case without a court order: (a) Judges of the court operating under the Judicial Department and court staff or other persons operating under the direction of the judges; (b) The person who was the minor child in the adoption proceeding, except that the person who was the minor child in the adoption proceeding may not inspect or copy the home study approved under ORS 109.276 (7) except pursuant to a court order and with good cause; (c) Petitioners and their attorneys of record; (d) The Department of Human Services; and (e) If the minor child was an Indian child, the Indian childs tribe and the United States Secretary of the Interior. (5)(a) After entry of judgment in an adoption proceeding and after the minor child who is the subject of the adoption proceeding has attained 18 years of age, an individual whose consent for the adoption is required under ORS 109.301 or
ORS Chapter 109 — Parent and Child Rights and

ORS 109.301. (i) An indication of the type of adoption proceeding as follows: (A) Private agency adoption, whether domestic or international; (B) Nonrelated independent adoption; (C) Readoption of a minor child adopted in a foreign nation under ORS 109.385; (D) Relative independent adoption; (E) Stepparent independent adoption; (F) An independent adoption involving one petitioner who retains parental rights; (G) Out-of-state public agency adoption; (H) An adoption in which the Department of Human Services gives consent under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.305. Note:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.308. [Formerly
ORS Chapter 109 — Parent and Child Rights and

ORS 109.309. [1993 c.717 2 (enacted in lieu of 109.310); 1993 c.717 9; 1995 c.90 3; 1995 c.730 2; 1997 c.470 1; 1999 c.160 2; 1999 c.649 52; 2003 c.258 1; 2003 c.576 144; 2005 c.475 1; 2013 c.346 2; 2015 c.511 7; 2015 c.795 4; 2021 c.398 2; renumbered
ORS Chapter 109 — Parent and Child Rights and

ORS 109.310. [Amended by 1953 c.368 2; 1957 c.403 5; 1959 c.430 3; 1963 c.188 1; 1967 c.534 17; 1969 c.441 1; 1971 c.401 4; 1977 c.252 1; 1983 c.302 1; 1983 c.396 1; 1985 c.403 3; 1991 c.249 14; repealed by 1993 c.717 1 (109.309 enacted in lieu of
ORS Chapter 109 — Parent and Child Rights and

ORS 109.312. 2021]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.313. Note:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.314. [1957 c.710 3 (109.312 to 109.329 enacted in lieu of 109.320); 2005 c.369 4; renumbered
ORS Chapter 109 — Parent and Child Rights and

ORS 109.320. [Repealed by 1957 c.710 1 (109.312 to 109.329 enacted in lieu of 109.320)]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.321. [Formerly
ORS Chapter 109 — Parent and Child Rights and

ORS 109.322. Consent of parent with mental illness or intellectual disability; consent of imprisoned parent. (1) If a parent has been adjudged to be a person with mental illness under ORS 426.130 or a person with an intellectual disability who is in need of commitment for residential care, treatment and training under ORS 427.290, and remains so at the time of the adoption proceedings, or if a parent is imprisoned in a state or federal prison under a sentence for a term of not less than three years and has actually served three years, the petitioner, in accordance with ORS 109.330, shall serve on the parent, if the parent has not consented in writing to the adoption, a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parents consent. (2) In the case of a parent adjudged to be a person with mental illness under ORS 426.130 or a person with an intellectual disability who is in need of commitment for residential care, treatment and training under ORS 427.290, the petitioner shall also serve the summons and the motion and order to show cause upon the guardian of the parent. If the parent has no guardian, the court shall appoint a guardian ad litem to appear for the parent in the adoption proceedings. (3) Upon hearing, except as provided in ORS 109.330 (8) if the child is an Indian child, if the court finds that the adoption is in the best interests of the child, the consent of the parent who is imprisoned or adjudged to be a person with mental illness or an intellectual disability is not required, and the court may proceed regardless of the objection of the parent. (4) This section does not apply when consent is given in loco parentis under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.323. Consent when custody of child has been awarded in divorce proceedings. (1) If the legal custody of the child has been awarded in marital dissolution proceedings, except as provided in ORS 109.330 (8) if the child is an Indian child, the written consent of the person to whom custody of the child has been awarded may be held sufficient by the court. However, unless the noncustodial parent consents to the adoption, the petitioner, in accordance with ORS 109.330, shall serve on the noncustodial parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the noncustodial parents consent, and the objections of the noncustodial parent shall be heard if appearance is made. (2) This section does not apply when consent is given in loco parentis under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.325. Consent by Department of Human Services or approved child-caring agency of this state. (1) The Department of Human Services or an approved child-caring agency of this state, acting in loco parentis, may consent to the adoption of a child who has been: (a) Surrendered to it for the purpose of adoption under ORS 418.270 if compliance is had with the provisions of that section; (b) Permanently committed to it by order of a court of competent jurisdiction; or (c) Surrendered to it for the purpose of adoption under ORS 418.270 by one parent if compliance is had with the provisions of that section and permanently committed to it by a court of competent jurisdiction having jurisdiction of the other parent. (2) The department may consent to the adoption of a child over whom the department has been made guardian under ORS chapter 125. (3) When consent is given under this section, no other consent is required. (4) When consent is given under this section, there shall be filed in the adoption proceeding: (a) A certified copy of an order of a court of competent jurisdiction formally and permanently assigning the guardianship of the child to the department or the child-caring agency, or a copy of the surrender of the child from its parent or parents or guardian, or both, as the case may be; and (b) Written formal consent by the department or the child-caring agency, as the case may be, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. The consent of the department or the child-caring agency to the proposed adoption may be given by one of its officers, executives or employees who has been authorized or designated by it for that purpose. [Formerly
ORS Chapter 109 — Parent and Child Rights and

ORS 109.327. Consent by organization located outside Oregon. (1) An agency or other organization, public or private, located entirely outside of this state, or an authorized officer or executive thereof, acting in loco parentis, may consent to the adoption of a child under the custody, control or guardianship of such agency or organization or officer or executive thereof, if such agency or organization or officer or executive thereof is licensed or otherwise has authority in the jurisdiction in which such agency or other organization is located to consent to adoptions in loco parentis. When consent is given under this section, no other consent is required. The license or other authority to consent to adoption in loco parentis shall be conclusively presumed upon the filing with the court of a duly certified statement from an appropriate governmental agency of such other state that such agency or organization or officer or executive is licensed or otherwise has authority in such state to consent to adoptions in loco parentis. (2) When consent is given under this section, there shall be filed in the adoption proceeding: (a) A certified copy of the court order, or the written authorization from the parent, parents or other person, or both a court order and such written authorization, as the case may be, that enables consent to be given in loco parentis under the law of such other jurisdiction; and (b) Written formal consent by the agency or other organization, or the officer or executive thereof, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. [Formerly 109.318]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.328. Consent of child 14 years of age or older. If the child is 14 years of age or older, the adoption shall not be made without the consent of the child. The consent required by this section is in addition to, and not in lieu of, the consent otherwise required by law. [1957 c.710 9 (109.312 to 109.329 enacted in lieu of 109.320)]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.330. Notice when parent does not consent; notice when child has no living parent and no guardian or next of kin qualified to appear. (1)(a) In the cases provided for in ORS 109.302, 109.322, 109.323 and 109.324, when a parent does not consent to the adoption of the child, the petitioner shall: (A) Conduct the inquiry described in ORS 419B.636 (2) to determine whether the petitioner has reason to know that the child is an Indian child; and (B) Serve the parent with a summons and a true copy of a motion and order to show cause why the proposed adoption should not be ordered without the parents consent. (b) Except as provided in subsection (3) of this section, service of the summons and the motion and order to show cause must be made in the manner provided in ORCP 7 D and E. Service must be proved as required in ORCP 7 F. The summons and the motion and order to show cause need not contain the names of the adoptive parents. (c) If the petitioner has reason to know that the child is an Indian child, in addition to the service required under paragraph (b) of this subsection, the petitioner shall serve by registered or certified mail, return receipt requested, copies of the motion and order to show cause, together with the notice of proceeding in the form required under ORS 419B.639 (3)(c), on: (A) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership; (B) The childs parents; (C) The childs Indian custodian, if applicable; and (D) The appropriate United States Bureau of Indian Affairs Regional Director listed in 25 C.F.R. 23.11(b), if the identity or location of the childs parents, Indian custodian or tribe cannot be ascertained. (d) The petitioner shall file a declaration of compliance under penalty of perjury, made in the manner described by ORCP 1 E, that includes: (A) A statement and documentation, as described by the Department of Human Services by rule, of the efforts described in ORS 419B.636 (2) that the petitioner made to determine whether there is reason to know that the child is an Indian child; and (B) If the petitioner has reason to know that the child is an Indian child: (i) A statement describing the efforts the petitioner made, as required under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.331. Consenting agency disclosure of county and case number of adoption proceeding. The Department of Human Services or an approved child-caring agency of this state that has consented to the adoption of a child under ORS 109.325 shall, upon request and if available, disclose the county in which the adoption was finalized and the case number of the adoption proceeding to: (1) An adult adoptee; (2) A birth parent who has consented to the adoption and signed a release and surrender or whose parental rights have been terminated; or (3) A parent or guardian of a minor child who was the subject of an adoption proceeding.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.332. Grandparent visitation in stepparent adoption. (1) When a petition has been filed under ORS 109.276 concerning the adoption by a stepparent of a child, a grandparent served with a copy of the petition under ORS 109.285 may file a motion with the court asking the court to award a grandparent the right to regular visitation with the child after the adoption. A motion under this subsection must be filed no later than 30 days after service of the petition. (2) The court shall award a grandparent visitation rights only if the court finds by clear and convincing evidence that: (a) Establishing visitation rights is in the best interests of the child; (b) A substantial relationship existed prior to the adoption between the child and the grandparent seeking visitation rights; and (c) Establishing visitation rights does not substantially interfere with the relationship between the child and the adoptive family. (3) As used in this section, grandparent includes a grandparent who has established custody, visitation or other rights under ORS 109.119. [1993 c.689 2; 1993 c.717 10; 1995 c.90 4; 2001 c.873 7; 2003 c.258 3; 2005 c.22 88; 2013 c.346 12] Note:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.335. Appointment of guardian pending further adoption proceedings. Notwithstanding the provisions of ORS chapter 125 that relate to the appointment of a guardian, when a petition is filed pursuant to ORS 109.276 for leave to adopt a minor child and the required consent thereto has been filed, the court before which the petition is pending may on its own motion enter an order appointing the petitioner or some other suitable person guardian of the minor child pending further order of the court or entry of a judgment under ORS 109.350.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.340. [Repealed by 1957 c.412 2 (7.211 enacted in lieu of 109.340)]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.342. Medical history of child and biological parents required; content; form. (1) Before any judgment of adoption of a minor is entered, the court shall be provided a medical history of the child and of the biological parents as complete as possible under the circumstances. (2) When possible, the medical history shall include, but need not be limited to: (a) A medical history of the adoptee from birth up to the time of adoption, including disease, disability, congenital or birth defects, and records of medical examinations of the child, if any; (b) Physical characteristics of the biological parents, including age at the time of the adoptees birth, height, weight, and color of eyes, hair and skin; (c) A gynecologic and obstetric history of the biological mother; (d) A record of potentially inheritable genetic or physical traits or tendencies of the biological parents or their families; and (e) Any other useful or unusual biological information that the biological parents are willing to provide. (3) The names of the biological parents shall not be included in the medical history. (4) Subsection (1) of this section does not apply when a person is adopted by a stepparent. (5) The Department of Human Services shall prescribe a form for the compilation of the medical history.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.346. Adoption-related counseling for birth parent. (1) Except as provided in subsection (5) of this section, a birth parent consenting to an adoption shall receive notice of the birth parents right to payment for three adoption-related counseling sessions prior to surrender or relinquishment of the child for adoption and three sessions of adoption-related counseling after surrender or relinquishment of the child for adoption. (2) Notice of the right to adoption-related counseling shall be in writing and shall be provided to the consenting birth parent by either the attorney for the birth parent, the agency representative taking the birth parents consent or the attorney for the prospective adoptive parent. Before entry of a judgment of adoption, the agency or attorney providing the written notice shall submit verification to the court that the notice was given to the consenting birth parent. (3) The prospective adoptive parent shall pay all uninsured costs of the adoption-related counseling required by this section, provided the counseling is received within one year of the date of surrender or relinquishment of the child for adoption. (4) Adoption-related counseling under this section, unless otherwise agreed to by the prospective adoptive parent and the consenting birth parent, shall be provided by: (a) A regulated social worker as defined in ORS 675.510 who is employed by an Oregon licensed adoption agency other than the regulated social worker assigned to the prospective adoptive parent; (b) A regulated social worker, counselor or therapist who is working under the supervision of a clinical social worker licensed under ORS 675.530 or a licensed professional counselor and who is knowledgeable about birth parent, adoption and grief and loss issues; or (c) A clinical social worker licensed under ORS 675.530, counselor or therapist who: (A) Has a graduate degree in social work, counseling or psychology; and (B) Is knowledgeable about birth parent, adoption and grief and loss issues. (5) The requirements of this section do not apply to: (a) An adoption in which a birth parent relinquishes parental rights to the Department of Human Services; (b) An adoption in which one parent retains parental rights; (c) An adoption in which the child is born in a foreign country and adopted under the laws of that country or readopted in Oregon; (d) An adoption in which the child is born in a foreign country and subsequently adopted in Oregon and in which the identity or whereabouts of the childs birth parents are unknown; or (e) An adoption of an adult. (6) Failure to provide the notice required by this section or failure to pay the uninsured costs of adoption-related counseling required by this section is not grounds for setting aside an adoption judgment or for revocation of a written consent to an adoption or a certificate of irrevocability. [2001 c.586 2; 2003 c.576 151; 2009 c.442 29] Note:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.347. Civil action for failure to pay for counseling; attorney fees. A birth parent aggrieved by the failure of a prospective adoptive parent or adoptive parent to pay the uninsured costs of adoption-related counseling required by ORS 109.346 may file a civil action in circuit court for payment or reimbursement of the uninsured costs of adoption-related counseling. The court shall award reasonable attorney fees and costs of the action to a prevailing birth parent. [2001 c.586 3] Note: See note under