reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.100 - Petition for support; effect of judgment; parties.

(1) Any minor child or the administrator may, in accordance with ORCP 27 A, apply to the circuit court in the county in which the child resides, or in which the natural or adoptive father or mother of the child may be found, for an order upon the child’s father or mother, or both, to provide for the child’s support. The child or the administrator may apply for the order by filing in the county a petition setting forth the facts and circumstances relied upon for the order. If satisfied that a just cause exists, the court shall direct that the father or mother appear at a time set by the court to show cause why an order of support should not be entered in the matter.
(2) The petitioner shall state in the petition, to the extent known:
(a) Whether there is pending in this state or any other jurisdiction any type of support proceeding involving the minor child, including a proceeding brought under ORS 25.287, 25.501 to 25.556, 107.085, 107.135, 107.431, 108.110, 109.103, 109.165, 125.025 or 419B.400 or ORS chapter 110; and
(b) Whether there exists in this state or any other jurisdiction a support order, as defined in ORS 110.503, involving the minor child.
(3) The petitioner shall include with the petition a certificate regarding any pending support proceeding and any existing support order. The petitioner shall use a certificate that is in a form established by court rule and include information required by court rule and subsection (2) of this section.
(4) The judgment of a court under subsection (1) of this section is final as to any installment or payment of money that has accrued up to the time either party makes a motion to set aside, alter or modify the judgment, and the court may not set aside, alter or modify the judgment, or any portion thereof, that provides for any payment of money that has accrued prior to the filing of the motion.
(5) The provisions of ORS 108.120 apply to proceedings under subsection (1) of this section.
(6) In any proceeding under this section, both the child’s physical and legal custodians are parties to the action. [1963 c.497 §2; 1975 c.458 §14; 1979 c.90 §2; 1979 c.284 §100; 1989 c.812 §7; 1993 c.596 §20; 2003 c.73 §55a; 2003 c.116 §8; 2003 c.576 §244; 2011 c.595 §124; 2015 c.298 §93; 2021 c.597 §63]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.112 - Mother, father or putative father deemed to have attained majority.

The mother, father or putative father of a child shall be deemed to have attained majority and, regardless of age, may give authorizations, releases or waivers, or enter into agreements, in adoption, juvenile court, filiation or other proceedings concerning the care or custody of the child. [1975 c.640 §10]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.116 - Validity of putative father’s authorization, release or waiver.

Any authorization, release or waiver given by the putative father with reference to the custody or adoption of the child or the termination of parental rights shall be valid even if given prior to the child’s birth. [1975 c.640 §11]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.118 - Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child.

All decrees or orders heretofore entered in any court of this state concerning the custody, adoption or permanent commitment of a child are hereby declared valid upon the expiration of 30 days after July 3, 1975, notwithstanding that notice was not given to the putative father of the child. [1975 c.640 §13]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.124 - Definitions for ORS 109.124 to 109.230.

As used in ORS 109.124 to 109.230, unless the context requires otherwise:
(1) "Child attending school" has the meaning given that term in ORS 107.108.
(2) "Child born out of wedlock" means a child born to an unmarried person or to a married person by another person who is not the person’s spouse.
(3) "Respondent" may include, but is not limited to, one or more persons who may be the father of a child born out of wedlock, the spouse of a woman who has or may have a child born out of wedlock, the mother of a child born out of wedlock, the person pregnant with a child who may be born out of wedlock, or the duly appointed and acting guardian of the child or conservator of the child’s estate. [1979 c.246 §4; 1983 c.762 §1; 1995 c.79 §38; 1995 c.343 §24; 1995 c.514 §18; 1997 c.704 §56; 2005 c.160 §§14,20; 2007 c.454 §3; 2017 c.651 §51]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.135 - Circuit court jurisdiction; equity action; place of commencement.

(1) All filiation proceedings shall be commenced in the circuit court and shall for all purposes be deemed actions in equity. Unless otherwise specifically provided by statute, the proceedings shall be conducted pursuant to the Oregon Rules of Civil Procedure.
(2) All filiation proceedings shall be commenced and tried in the county where either party or the child resides. [1969 c.619 §§2,3,7; 1971 c.191 §2; 1979 c.246 §6; 1981 s.s. c.3 §104; 1983 c.762 §3; 1999 c.80 §22; 2013 c.1 §5; 2013 c.126 §3]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.145 - Court may proceed despite failure to appear; evidence required.

If a respondent fails to answer or fails to appear at trial, the court shall have the power to proceed accordingly. In such case, the court may make a determination of parentage and may impose such obligations on the respondent as it deems reasonable. In all such cases corroborating evidence in addition to the testimony of the parent or expectant parent shall be required to establish parentage and the court may, in its discretion, order such investigation or the production of such evidence as it deems appropriate to establish a proper basis for relief. The testimony of the parent or expectant parent and the corroborating evidence may be presented by affidavit. [1969 c.619 §4; 1975 c.640 §14; 1983 c.762 §4; 2017 c.651 §23]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.175 - Determination of legal custody after parentage established.

(1) If parentage of a child born out of wedlock is established pursuant to a petition filed under ORS 109.125 or an order or judgment entered pursuant to ORS 25.501 to 25.556 or 109.124 to 109.230, or if parentage is established by the filing of a voluntary acknowledgment of paternity as provided by ORS 109.065 (1)(e), the parent with physical custody at the time of filing of the petition or the notice under ORS 25.511, or the parent with physical custody at the time of the filing of the voluntary acknowledgment of paternity, has sole legal custody until a court specifically orders otherwise. The first time the court determines who should have legal custody, neither parent shall have the burden of proving a change of circumstances. The court shall give primary consideration to the best interests and welfare of the child and shall consider all the standards set out in ORS 107.137.
(2) In any proceeding under this section, the court may cause an investigation, examination or evaluation to be made under ORS 107.425 or may appoint an individual or a panel or may designate a program to assist the court in creating parenting plans or resolving disputes regarding parenting time and to assist parents in creating and implementing parenting plans under ORS 107.425 (3). [1983 c.761 §11; 1985 c.671 §42; 1995 c.608 §4; 1999 c.59 §25; 1999 c.569 §8; 2001 c.833 §3; 2005 c.160 §§15,21; 2017 c.651 §25]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.225 - Notice to Center for Health Statistics after petition filed; filing notice.

(1) After filing the petition, the petitioner shall cause the Center for Health Statistics of the Oregon Health Authority to be served by mail with a notice setting forth the court in which the petition was filed, the date of the filing therein, the case number, the full name and address of the child, the date and place of the child’s birth, or if the child is not yet born, the date and place of the child’s conception and the probable date of the child’s birth, the full names and addresses of the child’s alleged parents, and the names and addresses of the petitioner and of the respondents in the proceedings.
(2) The Center for Health Statistics shall file immediately the notice, or a copy thereof, with the record of the birth of the child or in the same manner as its filing of records of birth if the center does not have a record of the birth. The center shall only provide the information contained in the notice to persons whose names appear in the notice or to persons or agencies showing a legitimate interest in the parent-child relationship including, but not limited to, parties to adoption, juvenile court or heirship proceedings. [1975 c.640 §5; 1983 c.709 §40; 1983 c.762 §6; 1991 c.484 §1; 2009 c.595 §69]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.230 - Legality of contract between mother and father of child born out of wedlock.

Any contract between the mother and father of a child born out of wedlock is a legal contract, and the admission by the father of his fatherhood of the child is sufficient consideration to support the contract. [Amended by 1961 c.338 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.231 - Records open to public.

Records of filiation proceedings filed in circuit court shall be open for inspection by any person without order of the court. [1993 c.138 §2]
Note:
109.231 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.237 - Attorney fees.

In any proceeding brought to modify or compel compliance with an order of the court issued under ORS 109.124 to 109.230, the court may render judgment awarding to a party, or directly to the party’s attorney, a sum of money determined to be reasonable as an attorney fee and costs and expenses of suit, which judgment may include expert witness fees, in preparation for and at trial and on appeal. [1989 c.417 §1]
Note:
109.237 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.239 - Rights and obligations of children resulting from assisted reproduction; rights and obligations of donor of semen.

(1) As used in ORS 109.239 to 109.247, "assisted reproduction" means a method of causing pregnancy other than sexual intercourse. "Assisted reproduction" includes, but is not limited to:
(a) Artificial insemination as defined in ORS 677.355;
(b) Donation of eggs;
(c) Donation of embryos;
(d) In vitro fertilization and transfer of embryos; or
(e) Intracytoplasmic sperm injection.
(2) If the donor of gametes used in assisted reproduction is not the mother’s spouse:
(a) The donor shall have no right, obligation or interest with respect to any child conceived as a result of the assisted reproduction; and
(b) Any child conceived as a result of the assisted reproduction shall have no right, obligation or interest with respect to the donor. [1977 c.686 §5; 2017 c.651 §4]
Note:
109.239 to 109.247 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.243 - Relationship of child resulting from assisted reproduction to mother’s spouse.

The relationship, rights and obligation between a child conceived as a result of assisted reproduction and the mother’s spouse shall be the same to all legal intents and purposes as if the child had been naturally and legitimately conceived by the mother and the mother’s spouse if the spouse consented to the performance of assisted reproduction. [1977 c.686 §6; 2017 c.651 §5]
Note:
See note under 109.239.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 109.239.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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. [1981 c.401 §2; 1995 c.608 §5; 1999 c.80 §24; 2009 c.595 §70; 2017 c.651 §26]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 court’s or administrator’s 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 court’s or administrator’s 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. [1953 c.628 §1; 1969 c.619 §13; 1983 c.762 §7; 1985 c.671 §43; 1999 c.80 §25; 2001 c.455 §18; 2007 c.71 §28; 2017 c.651 §27; 2021 c.398 §42]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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. [1953 c.628 §2; 1981 c.401 §3; 1985 c.671 §44; 1999 c.80 §26; 2001 c.455 §19; 2017 c.651 §28]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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. [1953 c.628 §3; 1983 c.762 §8; 1985 c.671 §44a]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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. [1953 c.628 §4; 1985 c.671 §44b; 1999 c.80 §27]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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:
109.259 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.260 - Applicability to criminal actions for nonsupport.

ORS 109.250 to 109.262 apply to criminal cases for nonsupport under ORS 163.555 subject to the following limitations and provisions:
(1) An order for the tests shall be made only upon application of a party or on the court’s 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. [1953 c.628 §5; 2011 c.259 §1]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.262 - Uniformity of interpretation.

The Uniform Act on Blood Tests to Determine Paternity shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it. [1953 c.628 §6]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.266 - Definitions for ORS 109.266 to 109.410.

As used in ORS 109.266 to 109.410, unless the context requires otherwise:
(1) "Continued custody" of an Indian child has the meaning described in ORS 419B.606.
(2) "Home study" means a written report documenting the result of an assessment conducted by the Department of Human Services, a licensed adoption agency or other public agency to evaluate the suitability of a prospective adoptive parent or parents to adopt.
(3) "ICWA compliance report" means a written report prepared by the department after the petition for adoption or readoption has been filed, as described in ORS 109.278.
(4) "Indian child" has the meaning given that term in ORS 419B.603.
(5) "Placement report" means a written report prepared by the department or by an Oregon licensed adoption agency after the petition for adoption has been filed that includes the department’s or the agency’s recommendation to the court concerning whether the court should grant the petition for adoption based upon the department’s or the agency’s evaluation of:
(a) The status and adjustment of the child; and
(b) The status and adjustment of the child’s prospective adoptive parent.
(6) "Records, papers and files" means all documents, writings, information, exhibits and other filings retained in the court’s record of an adoption case pursuant to ORS 109.289, and includes but is not limited to the Adoption Summary and Segregated Information Statement described in ORS 109.287, and exhibits attached to the statement, the petition and exhibits attached to the petition pursuant to ORS 109.285, and any other motion, judgment, document, writing, information, exhibit or filing retained in the court’s record of the adoption case. [Formerly 109.304]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 child’s 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 child’s birth family.
(6) The court may show approval of an agreement made under this section by incorporating the agreement by reference and indicating the court’s 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 109.305]
Note:
109.268 (7) and (8) were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 parent’s ability to meet the individual needs of the child for safety, attachment and well-being;
(b) Safeguard a child’s 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 child’s relatives and current caretaker a greater weight in the consideration of suitability as prospective adoptive parents as compared to the department’s 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:
109.270 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 109.276, the court before which the petition is pending shall hold a hearing and shall:
(a) Enter a judgment under ORS 109.350;
(b) Continue the guardianship or legal custodial status of the child;
(c) Waive the child to a court having jurisdiction under ORS 419B.100 or 419C.005; or
(d) Take such other action as the court considers necessary.
(2) The court before which the petition is pending, on its own motion, may take testimony from or confer with the child to be adopted and may exclude from the conference the parents or guardians of the child, the proposed adoptive parents and other persons if the court finds that such action would be likely to be in the best interests of the child. However, the court shall permit an attorney for each party to attend the conference, and the conference shall be reported.
(3) The clerk of the court before which petitions for leave to adopt another are pending shall periodically notify the court and the Department of Human Services of all such petitions which have been pending before the court for more than six months without final disposition pursuant to subsection (1) of this section.
(4) The clerk of the court before which a petition is filed for leave to adopt a minor child shall provide to the Director of Human Services a copy of the court’s order of disposition of the petition. [Formerly 109.307]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 petitioner’s 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 person’s attorney or uncompensated agent. A written declaration by the person who prepared the home study is sufficient verification of compliance with this subparagraph. The person’s attorney must be licensed to practice in Oregon.
(c) Nothing in this subsection prohibits an attorney licensed to practice in Oregon from advertising the attorney’s 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 109.311]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 109.313]
Note:
109.283 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.305

[1957 c.710 §15; subsections (2), (3) and (4) of 1993 Edition enacted as 1993 c.401 §1; 2003 c.576 §142; 2007 c.720 §1; renumbered 109.268 in 2021]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.307

[1965 c.188 §2; 1983 c.369 §3; 1987 c.814 §2; 1993 c.33 §292; 1993 c.546 §117; 2003 c.576 §143; renumbered 109.272 in 2021]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 109.276 in 2021]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.311

[1985 c.403 §2 (1) to (3); 1987 c.367 §1; 1993 c.717 §4; 1995 c.730 §3; 2003 c.258 §2; 2003 c.576 §145; 2013 c.346 §9; renumbered 109.281 in 2021]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.312

[1957 c.710 §2 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 §106; 1983 c.302 §2; 1985 c.565 §10; 1987 c.814 §1; 1991 c.553 §1; 1993 c.717 §6; 2013 c.346 §10; renumbered 109.321 in 2013]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.314

[1957 c.710 §3 (109.312 to 109.329 enacted in lieu of 109.320); 2005 c.369 §4; renumbered 109.323 in 2013]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.315

[2013 c.346 §4; 2015 c.511 §1; 2017 c.651 §31; 2021 c.398 §8; renumbered 109.285 in 2021]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.316

[1957 c.710 §4 (109.312 to 109.329 enacted in lieu of 109.320); 1971 c.401 §5; 1987 c.466 §3; 1995 c.664 §82; 2005 c.22 §86; renumbered 109.325 in 2013]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.318

[1957 c.710 §5 (109.312 to 109.329 enacted in lieu of 109.320); 1973 c.823 §107; 2005 c.22 §87; renumbered 109.327 in 2013]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.319

[2013 c.346 §6; 2014 c.71 §7; 2015 c.511 §3; 2015 c.512 §3; 2016 c.106 §43; 2021 c.398 §40; renumbered 109.289 in 2021]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.321

[Formerly 109.312; 2015 c.511 §10; 2017 c.651 §32; 2021 c.398 §21; renumbered 109.301 in 2021]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 parent’s 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 109.325 or 109.327. [1957 c.710 §6 (109.312 to 109.329 enacted in lieu of 109.320); 1975 c.711 §1; 2003 c.576 §146; 2005 c.369 §5; 2007 c.70 §22; 2013 c.360 §4; 2021 c.398 §22]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 parent’s 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 109.325 or 109.327. [Formerly 109.314; 2021 c.398 §23]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 109.324 - Consent when parent has deserted or neglected child.

(1) If a parent is believed to have willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, and if the parent does not consent in writing to the adoption, the petitioner, in accordance with ORS 109.330, shall serve on the parent a summons and a motion and order to show cause why the adoption of the child should not be ordered without the parent’s consent.
(2) Upon hearing or when the parent has failed to file a written answer as required in ORS 109.330 (3), except as provided in ORS 109.330 (8) if the child is an Indian child, if the court finds that the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for one year next preceding the filing of the petition for adoption, the consent of the parent at the discretion of the court is not required and, if the court determines that the parent’s consent is not required, the court may proceed regardless of the objection of the parent.
(3) In determining whether the parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child, the court may:
(a) Disregard incidental visitations, communications and contributions; and
(b) Consider, among other factors the court finds relevant, whether the custodial parent has attempted, without good cause shown, to prevent or to impede contact between the child and the parent whose parental rights would be terminated in an action under this section.
(4) This section does not apply when consent is given in loco parentis under ORS 109.325 or 109.327. [1957 c.710 §7 (109.312 to 109.329 enacted in lieu of 109.320); 2003 c.576 §147; 2003 c.579 §1; 2005 c.369 §6; 2021 c.398 §24]
2023 Oregon Revised Statutes › Volume : 03 - Landlord-Tenant, Domestic Relations, Probate › Chapter 109 - Parent and Child Rights and Relationships › Section 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 109.316]