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

ORS 109.500. Genetic, social and health history; availability; fee. (1) A genetic and social history and health history which excludes information identifying any birth parent or putative father, member of a birth parents or putative fathers family, the adoptee or the adoptive parents of the adoptee, may be provided, if available, from an agency upon request to the following persons: (a) The adoptive parents of the child or the childs guardian; (b) The birth parent of the adoptee; (c) An adult adoptee; and (d) In the event of the death of the adoptee: (A) The adoptees spouse if the spouse is the birth parent of the adoptees child or the guardian of any child of the adoptee; or (B) Any progeny of the adoptee who is 18 years of age or older. (2) The medical history part of the report mentioned in subsection (1) of this section may be in the form prescribed by the Department of Human Services under ORS 109.342. (3) The agency may charge the person requesting the information requested under subsection (1) of this section the actual cost of providing such information. [1983 c.672 16; 1989 c.372 4; 1997 c.442 8] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.502. Search for birth parents, putative father, genetic siblings or county where adoption finalized; who may initiate; information required; fee. (1)(a) An adult adoptee or the adoptive parent of a minor or deceased adoptee may request the Department of Human Services or the Oregon licensed adoption agency that facilitated the adoption to conduct a search for the adoptees birth parents, putative father or, except as otherwise provided in ORS 109.504 (2), for the adoptees genetic siblings, or for the county in which an adoption was finalized. (b)(A) Except as provided in subparagraph (B) of this paragraph, a birth parent, an adult genetic sibling of an adoptee or the parent or adult sibling of a deceased birth parent may request the department or the Oregon licensed adoption agency that facilitated the adoption to conduct a search for an adult adoptee whom the birth parent relinquished for adoption. (B) A birth parent may request a search for an adult adoptee only if the adult adoptee does not have any genetic siblings in the same adoptive family as the adult adoptees adoptive family who are under 18 years of age. (c) A birth parent may request and, in the discretion of the department or the Oregon licensed adoption agency that facilitated the adoption, the department or agency may conduct a search for the county in which the adoption was finalized. (d) A person requesting a search under paragraph (a) or (b) of this subsection: (A) Must be registered with a registry unless the request is only to search for the county in which an adoption was finalized; and (B) Shall direct the request for the search to the Oregon licensed adoption agency that facilitated the adoption or, if unknown, to the department. If the Oregon licensed adoption agency that facilitated the adoption is not conducting searches or is not authorized by the department to conduct searches, the person shall direct the request to the department. (2) The department or an agency may delegate to or contract with a third party individual or entity to conduct searches under this section. (3) At the time of a request to conduct a search under this section, the requester shall provide the department or the Oregon licensed adoption agency that facilitated the adoption with: (a) Such information as the department or the Oregon licensed adoption agency requires; and (b) Payment of a fee established by rule under ORS 109.506. [1993 c.410 3; 1995 c.730 12; 1997 c.442 9; 2015 c.200 10] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.503. Access to adoption records for search; duties of searcher. (1) When the Department of Human Services, an Oregon licensed adoption agency or a third party individual or entity to whom the department or agency has delegated, or with whom the department or agency has contracted, to conduct searches under ORS 109.502 is requested to conduct a search under ORS 109.502, the department, agency or third party individual or entity may examine adoption records maintained by the department and by private adoption agencies under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.504. Effect on subsequent searches when person sought in initial search refuses contact; other restrictions on searches. (1) If an adult adoptee or the adoptive parent of a minor or deceased adoptee has initiated a search under ORS 109.502, the fact that the person being sought in the original search does not wish to make contact does not prevent the adult adoptee or the adoptive parent from requesting another search for a birth parent or putative father not previously contacted. (2) An adult adoptee or the adoptive parent of a minor or deceased adoptee may not request a search for a minor genetic sibling of the adoptee if the parental rights of the birth parent to the minor genetic sibling have not been terminated by death or otherwise and the adoptee and the minor genetic sibling share that same birth parent. (3) The adult adoptee or adoptive parent of a minor or deceased adoptee shall request the search by repeating the process set out in ORS 109.502 and by paying the fees established by the Department of Human Services pursuant to ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.505. Support services; adoption and reunion issues. Information about agency and community resources regarding psychological issues in adoption and reunion shall be provided: (1) By the Department of Human Services, an Oregon licensed adoption agency or a third party individual or entity to all persons requesting a search under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.506. Rulemaking; fees. The Department of Human Services by rule shall establish: (1) Eligibility standards for Oregon licensed adoption agencies and third party individuals and entities that contract with the department or with an Oregon licensed adoption agency to conduct searches under ORS 109.502; (2) Standards of conduct for Oregon licensed adoption agencies and third party individuals and entities that contract with the department or with an Oregon licensed adoption agency to conduct searches under ORS 109.502; (3) Contracting procedures for Oregon licensed adoption agencies and third party individuals and entities that contract to conduct searches under ORS 109.502; (4) Search procedures to be followed by Oregon licensed adoption agencies and third party individuals and entities that conduct searches under ORS 109.502; and (5) Fees to be paid by persons requesting a search under ORS 109.502. Fees authorized under this section include: (a) A fee to be paid to the department, an Oregon licensed adoption agency or a third party individual or entity to cover all costs incurred in the search; and (b) A fee to be paid to the department, an Oregon licensed adoption agency or a third party individual or entity to cover the administrative costs incurred in administering the search program. [1993 c.410 7; 1995 c.730 15; 1999 c.650 3; 2015 c.200 14] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.507. exhibits submitted under this section must be segregated in the record of the adoption case from other records, papers and files in the record of the adoption case. (11)(a) A petition filed under this section is exempt from any requirement for one or more of the following: (A) Compliance with the consent requirements of ORS 109.301 to 109.330; (B) A statement that the requirements of ORS 109.353 regarding advisement about the voluntary adoption registry and the registrys services have been met; (C) A statement that the requirements of ORS 109.346 regarding notice of the right to counseling sessions have been met; and (D) Provision of a placement report under ORS 109.276 (8). (b) Paragraph (a) of this subsection does not apply if the child is an Indian child. (12) The requirements for keeping a separate record of the case, for sealing the records, papers and files in an adoption proceeding and for the conditions under which inspection and copying of sealed records, papers and files in the courts record of an adoption case set forth in ORS 109.289 apply to proceedings for readoption under this section. (13)(a) The court may find that a persons birthdate listed on the persons foreign nation birth documents is inaccurate based upon a finding that the preponderance of the evidence demonstrates that the birthdate is inaccurate and that the age or birthdate proposed by the petitioner is accurate. (b) Evidence that the court may consider in making the finding and order under this subsection includes, but is not limited to, one or more of the following: (A) Medical evaluations; (B) Birth certificates; (C) School records; (D) Dental evaluations; (E) Psychological evaluations; (F) Bone density tests; and (G) Social evaluations. (14) The fee imposed and collected by the court for the filing of a petition under this subsection shall be in accordance with ORS 21.145, except that when separate petitions for readoption of multiple minor children are concurrently filed under this section by the same petitioner, one filing fee shall be charged for the first petition filed and the filing fees for concurrently filed petitions shall not be charged.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.510. Age of majority. Except as provided in ORS 109.520, in this state any person shall be deemed to have arrived at majority at the age of 18 years, and thereafter shall: (1) Have control of the persons own actions and business; and (2) Have all the rights and be subject to all the liabilities of a citizen of full age.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.520. Majority of married persons. Except as provided in ORS 653.010, all persons shall be deemed to have arrived at the age of majority upon their being married according to law.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.565. [1977 c.525 5; repealed by 1993 c.546 141] RELATIVE CAREGIVERS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.570. Legislative findings. The Legislative Assembly finds that: (1) Current economic and cultural circumstances are such that relatives of minor children are playing an increasing role in ensuring the health, safety and education of minor children who, for many reasons, cannot live with and are not being cared for by their parents or guardians, and for whom legal proceedings have not been initiated or undertaken to establish legal guardianships or placements under the laws of this state. (2) Relatives of minor children are frequently asked, with minimal notice, to provide housing and health care, and to make educational decisions, for minor children who are left in their care. (3) Relative caregivers frequently face barriers to obtaining necessary and appropriate medical treatment and educational services for minor children left in their care. (4) These barriers pose a significant challenge to relative caregivers in dealing with health care providers and schools, and pose a substantial threat to the health, safety and welfare of minor children in this state. (5) It is necessary to provide legal authority for relative caregivers to access necessary and appropriate medical treatment and educational services for minor children who are left in the relative caregivers care and who are without legal parents or guardians who can otherwise provide for them. [2013 c.231 1] Note:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.572. Definitions for ORS 109.570 to 109.580. As used in ORS 109.570 to 109.580: (1) Educational services means enrollment of a minor child in a school to which the minor child has been or will be accepted for attendance and participation in any school activities, including extracurricular activities. (2) Health care facility means any facility that provides medical treatment. (3) Health care provider means a person who is licensed, certified, registered or otherwise authorized by law in this state to administer medical treatment in the practice of a health care profession or at a health care facility, and includes a health care facility. (4) Medical treatment means developmental screening, mental health screening and treatment, ordinary and necessary medical, dental and optical examination and treatment and preventive care including ordinary immunizations, tuberculin testing and well-child care, and includes the examination for and treatment of any injury, symptom, disease or pathology that is, in the judgment of the treating health care provider, reasonably necessary. (5) Legal parent or guardian means the parent or guardian of a minor child, a person with rights established under ORS 109.119 or a person to whom powers have been delegated under ORS 109.056. (6) Relative caregiver means a competent adult who is 18 years of age or older, who is related to a minor child by blood, marriage or adoption, who is not the legal parent or guardian and who represents in the affidavit described in ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.575. Authority of relative caregiver to consent to medical treatment and educational services for minor child; liability for payment; expiration of authority. (1) A relative caregiver acting pursuant to an affidavit under ORS 109.580 may consent to medical treatment and educational services for a minor child that a minor child cannot otherwise legally consent to if, after reasonable efforts have been made to obtain the consent of the legal parent or guardian to the treatment or services, the consent of the legal parent or guardian cannot be obtained. (2) A relative caregiver providing consent under this section is liable to the health care provider or school for payment for any medical treatment or educational services provided to a minor child pursuant to the consent. (3) The consent of a relative caregiver under this section shall be superseded by any contravening decision of the legal parent or guardian, provided the decision does not threaten the life, health or safety of the minor child. (4) If the minor child stops living with the relative caregiver, the relative caregiver shall immediately notify any health care provider or school that has been given an affidavit under ORS 109.580. The affidavit is invalid immediately upon receipt by the health care provider or school of the notice under this subsection. (5) An affidavit under ORS 109.580 expires one year after the date it is given to a health care provider or school by a relative caregiver. If the date the affidavit is given to a health care provider or school is unknown or uncertain, it shall expire one year after the date the relative caregiver signs the affidavit. (6)(a) A health care provider or school may, but is not required to, rely on the representations or affidavit of a person claiming to be a relative caregiver if the health care provider or school does not have actual notice of the falsity of any of the statements or documentation made or provided by the person claiming to be a relative caregiver. (b) Upon receipt of a valid affidavit as described in ORS 109.580, a health care provider or school may, but is not required to, request documentation of a persons claimed status as a relative caregiver and of attempts made to obtain the consent of the legal parent or guardian. (7) A relative caregiver acting in good faith with reasonable grounds to provide consent for medical treatment or educational services pursuant to an affidavit under ORS 109.580 is not subject to criminal or civil liability that might otherwise be incurred or imposed for giving consent to the medical treatment or educational services. (8) Nothing in this section relieves a legal parent or guardian of liability for payment for medical treatment or educational services provided to a minor child pursuant to the valid consent of a relative caregiver under this section. [2013 c.231 3] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.580. Relative caregiver affidavit. A relative caregiver affidavit given to a health care provider or school is invalid unless it is signed and contains, at a minimum, the following information: (1) The name of the minor child; (2) The minor childs date of birth; (3) The relative caregivers name and date of birth and the address at which the relative caregiver lives with the minor child; (4) The relationship of the relative caregiver to the minor child; (5) The Oregon driver license or identification card number of the relative caregiver; (6) The contact information of the legal parent or guardian; (7) A description of any attempts that the relative caregiver has made to advise the legal parent or guardian of the relative caregivers intent to consent to medical treatment or educational services for the minor child, and of any response to the relative caregiver provided by the legal parent or guardian; (8) If applicable, the reason why the relative caregiver is unable to contact the legal parent or guardian to advise the legal parent or guardian of the relative caregivers intent to consent to medical treatment or educational services for the minor child; (9) The date the relative caregiver signed the affidavit; and (10) A declaration under penalty of perjury that the named minor child lives with the relative caregiver, that the relative caregiver is a competent adult and 18 years of age or older and that the information provided in the affidavit is true and correct. [2013 c.231 4] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.610. [Formerly
ORS Chapter 109 — Parent and Child Rights and

ORS 109.620. [Formerly
ORS Chapter 109 — Parent and Child Rights and

ORS 109.630. [1971 c.726 1; 1973 c.454 1; repealed by 1973 c.827 83] RIGHTS OF MINORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.650. Disclosure without minors consent and without liability. A hospital or a physician, physician assistant, nurse practitioner, naturopathic physician, dentist or optometrist described in ORS 109.640 may advise a parent or legal guardian of a minor of the care, diagnosis or treatment of the minor or the need for any treatment of the minor, without the consent of the minor, and is not liable for advising the parent or legal guardian without the consent of the minor.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.670. Right to donate blood. (1) Any person 16 years of age or over may donate blood to any blood program without obtaining permission of a parent or guardian. (2) As used in subsection (1) of this section, blood program means any voluntary and noncompensatory program for the drawing of blood which is approved by the American Association of Blood Banks or the American Red Cross. [1977 c.533 1] Note:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.672. Certain persons immune from liability for providing care to minor. (1) No person licensed, certified or registered to practice a health care profession or health care facility shall be liable for damages in any civil action arising out of the failure of the person or facility to obtain the consent of a parent to the giving of medical care or treatment to a minor child of the parent if consent to the care has been given by the other parent of the child. (2) The immunity provided by subsection (1) of this section shall apply regardless of whether: (a) The parents are married, unmarried or separated at the time of consent or treatment. (b) The consenting parent is, or is not, a custodial parent of the minor. (c) The giving of consent by only one parent is, or is not, in conformance with the terms of any agreement between the parents, any custody order or any judgment of dissolution or separation. (3) The immunity created by subsection (1) of this section shall not apply if the parental rights of the parent who gives consent have been terminated pursuant to ORS 419B.500 to 419B.524. (4) For the purposes of this section, health care facility means a facility as defined in ORS 442.015 or any other entity providing medical service. [Formerly
ORS Chapter 109 — Parent and Child Rights and

ORS 109.675. Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent. (1) A minor 14 years of age or older may obtain, without parental knowledge or consent: (a) Outpatient diagnosis or treatment of a mental or emotional disorder or a chemical dependency, excluding methadone maintenance, by a physician or physician assistant licensed by the Oregon Medical Board, a psychologist licensed by the Oregon Board of Psychology, a nurse practitioner registered by the Oregon State Board of Nursing, a clinical social worker licensed by the State Board of Licensed Social Workers, a professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, a naturopathic physician licensed by the Oregon Board of Naturopathic Medicine or a community mental health program established and operated pursuant to ORS 430.620 when approved to do so by the Oregon Health Authority pursuant to rule. (b) Outpatient applied behavior analysis, as defined in ORS 676.802, as a treatment of a mental or emotional disorder or a chemical dependency, excluding methadone maintenance, by a behavior analyst or assistant behavior analyst licensed under ORS 676.810 or a behavior analysis interventionist registered by the Health Licensing Office under ORS 676.815 if the treatment is within the scope of practice of the behavior analyst, assistant behavior analyst or behavior analysis interventionist. (2) However, the person providing treatment shall have the parents of the minor involved before the end of treatment unless the parents refuse or unless there are clear clinical indications to the contrary, which shall be documented in the treatment record. The provisions of this subsection do not apply to: (a) A minor who has been sexually abused by a parent; or (b) An emancipated minor, whether emancipated under the provisions of ORS 109.510 and 109.520 or 419B.550 to 419B.558 or, for the purpose of this section only, emancipated by virtue of having lived apart from the parents or legal guardian while being self-sustaining for a period of 90 days prior to obtaining treatment as provided by this section.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.685. Immunity from civil liability for person providing treatment or diagnosis. A physician, physician assistant, psychologist, nurse practitioner, clinical social worker licensed under ORS 675.530, professional counselor or marriage and family therapist licensed by the Oregon Board of Licensed Professional Counselors and Therapists, naturopathic physician licensed under ORS chapter 685 or community mental health program described in ORS 109.675 who in good faith provides diagnosis or treatment to a minor as authorized by ORS 109.675 shall not be subject to any civil liability for providing such diagnosis or treatment without consent of the parent or legal guardian of the minor.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.690. Parent or guardian not liable for payment under ORS 109.675. If diagnosis or treatment services are provided to a minor pursuant to ORS 109.675 without consent of the minors parent or legal guardian, the parent, parents or legal guardian of the minor shall not be liable for payment for any such services rendered.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.695. Rules for implementation of ORS 109.675 to 109.695. For the purpose of carrying out the policy and intent of ORS 109.675 to 109.695 while taking into account the respective rights of minors at risk of chemical dependency or mental or emotional disorder and the rights and interests of parents or legal guardians of such minors, the Oregon Health Authority shall adopt rules for the implementation of ORS 109.675 to 109.695 by community mental health programs approved to do so. Such rules shall provide for the earliest feasible involvement of the parents or guardians in the treatment plan consistent with clinical requirements of the minor.