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

ORS 109.247. Application of law to children resulting from assisted reproduction. Except as may be otherwise provided by a judicial decree entered in any action filed before October 4, 1977, the provisions of ORS 109.239 to 109.247, 677.355 to 677.365 and 677.990 (3) apply to all persons conceived as a result of assisted reproduction. [1977 c.686 7; 2017 c.651 6] Note: See note under
ORS Chapter 109 — Parent and Child Rights and

ORS 109.250. Short title. ORS 109.250 to 109.262 may be cited as the Uniform Act on Blood Tests to Determine Paternity.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.251. Blood tests defined. As used in ORS 109.250 to 109.262, blood tests includes any test for genetic markers to determine parentage of a type generally acknowledged as reliable by accreditation bodies designated by the Oregon Health Authority in compliance with the United States Secretary of Health and Human Services, and performed by a laboratory approved by such accreditation body. Blood tests includes but is not limited to the Human Leucocyte Antigen Test, the deoxyribonucleic acid test and any test that extracts genetic material from any human tissue.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.252. Authority for blood test; effect of refusal to submit to test; payment for test. (1) Unless the court or administrator finds good cause not to proceed in a proceeding under ORS 25.501 to 25.556, 109.124 to 109.230 or 419B.609, in which parentage is a relevant fact, the court or administrator, as defined in ORS 25.010, upon the courts or administrators own initiative or upon suggestion made by or on behalf of any person whose blood is involved may, or upon motion of any party to the action made at a time so as not to delay the proceedings unduly shall, order the mother, child, alleged father and any other named respondent who may be the father to submit to blood tests. If any person refuses to submit to such tests, the court or administrator may resolve the question of parentage against such person or enforce the courts or administrators order if the rights of others and the interests of justice so require. (2) When child support enforcement services are being provided under ORS 25.080, the Child Support Program shall pay any costs for blood tests subject to recovery from the party who requested the tests. If the original test result is contested prior to the entry of an order establishing parentage, the court or administrator shall order additional testing upon request and advance payment by the party making the request.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.254. Selection of experts to make tests; admissible evidence. (1) The tests shall be made by experts qualified as examiners of genetic markers who shall be appointed by the court or administrator, as defined in ORS 25.010. Any party or person at whose suggestion the tests have been ordered may demand that other experts, qualified as examiners of genetic markers, perform independent tests under order of the court or administrator, the results of which may be offered in evidence. The number and qualifications of such experts shall be determined by the court or administrator. (2) The blood test results and the conclusions and explanations of the blood test experts are admissible as evidence of parentage without the need for foundation testimony or other proof of authenticity or accuracy, unless a written challenge to the testing procedure or the results of the blood test has been filed with the court and delivered to opposing counsel at least 10 days before any hearing set to determine the issue of parentage. Failure to make such timely challenge constitutes a waiver of the right to have the experts appear in person and is not grounds for a continuance of the hearing to determine parentage. A copy of the results, conclusions and explanations must be furnished to both parties or their counsel at least 20 days before the date of the hearing for this subsection to apply. The court for good cause or the parties may waive the time limits established by this subsection. (3) An affidavit documenting the chain of custody of the specimens is prima facie evidence to establish the chain of custody.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.256. Compensation of experts. (1) The compensation of each expert witness appointed by the court or administrator shall be fixed at a reasonable amount. It shall be paid as the court or administrator shall order. The court or administrator may order that the costs of blood tests be paid by the parties in such proportions and at such times as it shall prescribe, or that the proportion of any party be paid by the county in which the proceedings are had, and that, after payment by the parties or such county or both, all or part or none of it be taxed as costs in the action. (2) The fee of an expert witness called by a party but not appointed by the court or administrator shall be paid by the party calling the witness but shall not be taxed as costs in the action.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.258. Effect of test results. A disputable presumption of paternity is created if one or more blood tests result in a cumulative paternity index of 99 or greater. If the court or administrator finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, are that the alleged father is not the father of the child, the question of paternity shall be resolved accordingly. If the experts disagree in their findings or conclusions, the question shall be submitted upon all the evidence.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.259. Temporary child support pending determination of parentage. Notwithstanding the objections of a party to an order that seeks to establish parentage, if the blood tests conducted under ORS 109.250 to 109.262 result in a cumulative paternity index of 99 or greater, the evidence of the blood tests together with the testimony of a parent is a sufficient basis upon which to presume paternity for establishing temporary support. Upon the motion of a party, the court shall enter a temporary order requiring the alleged father to provide support pending the determination of parentage by the court. In determining the amount of support, the court shall use the formula established under ORS 25.275. [1997 c.746 24b; 1999 c.80 88; 2017 c.651 29] Note:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.260. Applicability to criminal actions for nonsupport. ORS 109.250 to
ORS Chapter 109 — Parent and Child Rights and

ORS 109.262. following limitations and provisions: (1) An order for the tests shall be made only upon application of a party or on the courts initiative. (2) The compensation of the experts shall be paid by the county in which the proceedings are had under order of court. (3) The court may direct a verdict of acquittal upon the conclusions of all the experts under the provisions of ORS 109.258, otherwise the case shall be submitted for determination upon all evidence.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.264. Parties. In any action under ORS 109.250 to 109.262, the mother, the putative father, if any, the alleged parent and the state are parties. [1993 c.596 23; 2017 c.651 30] ADOPTION
ORS Chapter 109 — Parent and Child Rights and

ORS 109.266. inquiry and notice requirements under ORS 419B.636 (2) and (4) and 419B.639 (2) and (3) and the placement preferences under ORS 419B.654, including: (A) Descriptions of the consultations the petitioner or moving party made with the individuals described in ORS 419B.636 (2) and the responses the petitioner or moving party obtained; (B) Descriptions of any oral responses and copies of any written responses the petitioner or moving party obtained from the individuals described in ORS 419B.636 (2) or 419B.639 (3); (C) Copies of any identification cards or other records indicating the membership of the child or the childs parent in an Indian tribe; (D) Copies of any tribal court records regarding the Indian child; (E) Any reports, declarations or testimony on the record documenting the due diligence of the petitioner or moving party to identify and work with all of the tribes of which the petitioner or moving party has reason to know that the child may be a member or in which the child may be eligible for membership; and (F) The declaration of compliance regarding ORS 419B.639 (2) notices the petitioner sent, as described in ORS 109.285 (5)(d) and 109.385 (7)(b). (b) The department shall adopt any other rules for the preparation of ICWA compliance reports that are necessary for the department to carry out the departments duties under ORS 109.266 to 109.410. (c) The State Court Administrator may prepare and make available to the public forms and information to assist petitioners to comply with the requirements under this section, ORS 109.285, 109.385, 419B.636 (2), 419B.639 (2) and (3) and 419B.654 (2) and (3) and any related rules, including: (A) Forms of petitions required under ORS 109.285 and 109.385, motions to request a deviation from the placement preferences under ORS 419B.654 (3) and notices required under ORS 419B.639 (2); and (B) Worksheets and checklists to assist petitioners with the inquiry required under ORS 419B.636 (2), the notices required under ORS 419B.639 (2) and assessing whether proposed adoptive placements satisfy the preferences under ORS 419B.654 (2). (d) The Judicial Department may design and offer trainings to courts having jurisdiction over adoption matters regarding the application of ORS 419B.600 to 419B.654 to adoptions of minor children, including but not limited to identifying when there is reason to know that the child is an Indian child and making findings regarding the sufficiency of inquiry and notice and the appropriateness of adoptive placements.
ORS Chapter 109 — Parent and Child Rights and

ORS 109.268. Interpretation of adoption laws; agreement for continuing contact. (1) The rule that statutes in derogation of common law are to be strictly construed does not apply to the adoption laws of this state. (2) An adoptive parent and a birth parent may enter into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or adoptive parents. (3) If the child is within the jurisdiction of the juvenile court under ORS 419B.100, an adoptive parent and a birth relative may enter into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or adoptive parents. A birth relative that enters into an agreement under this subsection must have established emotional ties creating an ongoing personal relationship, as defined in ORS 109.119, with the child. If the child is under one year of age, the ongoing personal relationship between the birth relative and the child must have continued for at least half of the childs life. (4) If the child is 14 years of age or older, an agreement made under this section may not be entered into without the consent of the child. (5) As used in this section, birth relative includes a birth parent, grandparent, sibling and other member of the childs birth family. (6) The court may show approval of an agreement made under this section by incorporating the agreement by reference and indicating the courts approval of the agreement in the adoption judgment. (7) Failure to comply with the terms of an agreement made under this section is not grounds for setting aside an adoption judgment or revocation of a written consent to an adoption. (8)(a) An agreement made under this section may be enforced by a civil action. However, before a court may enter an order requiring compliance with the agreement, the court must find that the party seeking enforcement participated, or attempted to participate, in good faith in mediating the dispute giving rise to the action prior to filing the civil action. (b) The court may modify an agreement made under this section if the court finds that the modification is necessary to serve the best interests of the adopted child, that the party seeking modification participated, or attempted to participate, in good faith in mediation prior to seeking modification of the agreement and that: (A) The modification is agreed to by all parties to the original agreement; or (B) Exceptional circumstances have arisen since the parties entered into the agreement that justify modification of the agreement. (9) The Department of Human Services is not responsible for any costs associated with an agreement described in subsection (3) of this section. [Formerly
ORS Chapter 109 — Parent and Child Rights and

ORS 109.270. Rules regarding home studies and placement reports. (1) Rules adopted by the Department of Human Services for home studies and placement reports under ORS 109.276 (7) and (8) must, at a minimum, require the department to: (a) Consider each prospective adoptive parent on the basis of the prospective adoptive parents ability to meet the individual needs of the child for safety, attachment and well-being; (b) Safeguard a childs rights under ORS 419B.090 (3) by, except as provided in ORS 419B.654 (2), considering the current caretaker and relatives to have equal status and priority as prospective adoptive parents under ORS 419B.192; (c) Give a childs relatives and current caretaker a greater weight in the consideration of suitability as prospective adoptive parents as compared to the departments consideration of other persons seeking to adopt a child who are not relatives or current caretakers; and (d) If an adoption is disrupted, consider any relative or current caretaker who was not initially selected by the department as the prospective adoptive parent as an adoptive resource. (2) For purposes of this section, current caretaker has the meaning given that term in ORS 419A.004. [Formerly 109.306; 2023 c.291 3] Note: Section 7 (1), chapter 291, Oregon Laws 2023, provides: Sec. 7. (1) Section 2 of this 2023 Act [419B.193] and the amendments to ORS 109.270 and 419B.192 by sections 3 and 4 of this 2023 Act apply to any placement decision made on or after the effective date of this 2023 Act [July 13, 2023] and to any appeal of a placement decision that is under consideration on the effective date of this 2023 Act. [2023 c.291 7(1)] Note:
ORS Chapter 109 — Parent and Child Rights and

ORS 109.272. Court required to act within six months of filing of petition for adoption; duty of clerk. (1) Not earlier than provided in ORS 109.276 and not later than six months from the date on which the petition for leave to adopt another is filed under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.274. Confidentiality of petitioners. (1) In an adoption proceeding that is contested or in which a summons is required to be served, the court may preserve the confidentiality of the names and addresses of the petitioners for the adoption if the court finds that to do so is in the best interests of the child. (2) The preservation of confidentiality under this section does not relieve the court or any petitioners in an adoption proceeding from the duty to comply with the placement preferences under ORS 419B.654 (2) if the child is an Indian child. [Formerly 109.308]
ORS Chapter 109 — Parent and Child Rights and

ORS 109.278. ICWA compliance report; court findings regarding inquiry, notice and placement preferences; documentation of compliance; training; forms; rules. (1) In a proceeding for the adoption or readoption of a minor child, within 90 days after service of a petition or amended petition upon the Director of Human Services as required under ORS 109.285 or 109.385, the Department of Human Services shall file with the court an ICWA compliance report. The ICWA compliance report must reflect the departments review of the petition or amended petition and must advise the court on whether the documentation submitted by the petitioner is sufficient and complete for the court to make the findings required under subsection (2) of this section. Nothing in this subsection or subsection (3) of this section requires the department to make a determination of law regarding the documentation provided by the petitioner. (2)(a) Upon receiving an ICWA compliance report, the court shall order the matter to proceed if the court finds that the petitioner satisfied the inquiry requirements under ORS 419B.636 (2) and, if applicable, the notice requirements under ORS 419B.639 (2). (b)(A) If the court finds, subject to the procedures under ORS 419B.636 (4), that there is reason to know that the child is an Indian child, the courts order under this subsection must include a finding regarding whether the proposed adoptive placement complies with the preferences under ORS 419B.654 (2). If the court finds that the proposed adoptive placement does not comply with the preferences or that the documentation provided by the petitioner is insufficient for the court to make a finding, the court shall direct the petitioner to amend the petition to cure the deficiency or file a motion under ORS 419B.654 (3) for authority to make the placement contrary to the placement preferences under ORS 419B.654 (2). (B) If the court finds that the petitioner failed to satisfy the inquiry or, if applicable, the notice requirements under ORS 419B.636 (2) and 419B.639 (2), or if the documentation supplied by the petitioner is insufficient for the court to make those findings, the court shall direct the petitioner to cure the inquiry or notice deficiency and file an amended petition. (c) The court shall order the petitioner to appear and show cause why the court should not dismiss the petition if the court directs the petitioner to file an amended petition or a motion under paragraph (b) of this subsection and the petitioner fails to do so within a reasonable amount of time. (3)(a) The department shall, by rule, provide a nonexhaustive description of the documentation that petitioners or moving parties in proceedings under ORS
ORS Chapter 109 — Parent and Child Rights and

ORS 109.281. Financial disclosure statement to be filed with petition; placement report required; exception; prohibited fees; advertising. (1) Each adoption petition filed pursuant to ORS 109.276 seeking adoption of a minor child shall be accompanied by a written disclosure statement containing an itemized accounting of all moneys paid or estimated to be paid by the petitioner for fees, costs and expenses related to the adoption, including all legal, medical, living and travel expenses. The form of the disclosure statement shall be prescribed by the Department of Human Services after consultation with approved Oregon licensed adoption agencies. (2) A court may not grant a judgment for an adoption of a minor child in the absence of a placement report by the department or an Oregon licensed adoption agency unless the filing of such report has been waived by the department. A court may not grant a judgment for an adoption of a minor child in the absence of a written disclosure statement as described in subsection (1) of this section or in the absence of a verified statement by the petitioner that, to the best of the petitioners knowledge, no charges, except those reported in the disclosure statement, have been or will be paid in connection with the adoption. (3) A person may not charge, accept or pay or offer to charge, accept or pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child, except that Oregon licensed adoption agencies licensed under ORS chapter 418 may charge reasonable fees for services provided by them. (4)(a) It is unlawful for any person to advertise: (A) A child offered or wanted for adoption; or (B) That the person is able to place, locate, dispose of or receive a child for adoption. (b) The provisions of paragraph (a) of this subsection do not apply to: (A) The department or a licensed Oregon adoption agency or an agent, employee or person with whom the department or adoption agency has a contract authorizing such actions; or (B) A person who has completed a home study as required by ORS 109.276 (7) and has received a favorable recommendation regarding the fitness of the person to be an adoptive parent or the persons attorney or uncompensated agent. A written declaration by the person who prepared the home study is sufficient verification of compliance with this subparagraph. The persons attorney must be licensed to practice in Oregon. (c) Nothing in this subsection prohibits an attorney licensed to practice in Oregon from advertising the attorneys availability to provide services related to the adoption of children. (d) As used in this subsection, unless the context requires otherwise, advertise means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast or electronic medium that originates within this state. [Formerly
ORS Chapter 109 — Parent and Child Rights and

ORS 109.283. Application for home study by Oregon resident. (1) The Department of Human Services shall accept and may approve an application for a home study as defined in ORS 109.266 that is submitted by an Oregon resident seeking to adopt a child in the custody of: (a) The department; (b) A public child welfare agency in another state, following receipt of a request from the agency in the other state under the Interstate Compact on the Placement of Children; or (c) A public child welfare agency in another country, following receipt of an appropriate request from the agency in the other country. (2) The department shall also accept and may approve an application for a home study under this section that is submitted by an Oregon resident who is currently or has previously been under study or consideration by another public or private agency for placement of a child for adoption. (3) An application submitted under this section may be approved if the application meets the requirements of the department as established by rule. [Formerly