reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to OAR chapter 413, division 115.
(1) "Active efforts" means affirmative,
			 active, proactive, thorough, and timely efforts intended primarily to maintain
			 or reunite an
Indian child
with their family.
Active
			 efforts
must involve assisting the
parent
or
parents
or
Indian custodian
through the steps
			 of a case plan and with accessing or developing the resources necessary to
			 satisfy the case plan.
(2)
			 "Adoption" means a legal or administrative process that establishes a permanent
			 legal parent-child relationship between a child and an adult who is not already
			 the child's legal
parent
and terminates the legal parent-child
			 relationship between the adopted child and any former
parent
.
			 For Tribal customary adoptions 413-115-0135.
(3) "Adoptive placement" means the permanent
			 placement of an
Indian child
for adoption, including any
			 action resulting in a final decree of adoption.
(4) "Bureau of Indian Affairs (BIA)" means
			 the U.S.
Department
of the Interior, Bureau of
Indian
Affairs.
(5) "Child-custody proceeding" includes any
			 action, other than an
emergency proceeding
, that may culminate
			 in one of the following outcomes: a
foster care placement
,
			 durable or permanent
guardian
ship, the
termination of
			 parental rights
, a pre-adoptive placement, or an
adoptive
			 placement
. An action that may culminate in one of these four outcomes
			 is considered a separate "
child-custody proceeding
" from an
			 action that may culminate in a different one of these four outcomes. There may
			 be several
child-custody proceedings
involving any given
Indian child
. Within each "
child-custody
			 proceeding
", there may be several hearings. If an
Indian
			 child
is placed in foster care or another out-of-home placement as a
			 result of a
status offense
, that
status
			 offense
proceeding is a "
child-custody
			 proceeding
".
(6)
			 "Continued custody" means physical custody or legal custody of the
Indian child
under any applicable tribal law, tribal custom or
			 state law. An
Indian child
's
parent
has
continued custody
of the
Indian child
if the
parent
currently has, or previously had, custody of the
Indian child
. The following individuals are presumed to have
continued custody
of an
Indian child
:
(a) The
Indian child's
biological mother.
(b) A man who is
			 married to the
Indian child
's biological mother.
(c) A man whose parentage has been
			 acknowledged or established as ORS 109.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0020 - Department Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Once it is found that an
Indian child
is
				involved, and the tribe or tribes who have an interest have been determined,
				the authority of the
Department
must be established. In some
				instances, the
Department
will have no authority to become
				involved in a case.
(1) Jurisdiction.
(a) Concurrent Jurisdiction. Except as
			 otherwise provided in this section, the juvenile court's jurisdiction under ORS
			 419B.100(1)
			 in a case involving an
Indian child
is concurrent with the
Indian child
's tribe.
(b) Exclusive Jurisdiction. If a tribe is not
			 subject to Public Law
			 83-280, the tribe has exclusive jurisdiction in a
			 case described in ORS
			 419B.100(1)
			 involving an
Indian child
if:
(A) The
Indian child
is a
			 ward of a
tribal court
of the
Indian child
's
			 tribe; or
(B) The
Indian
			 child
resides or is
domicile
d within the
reservation
of the tribe.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0030 - Tribal Membership and Enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tribal Determination of
Membership
or Eligibility for
Membership
.
(a) The determination of whether the
child
is a
member
of a tribe (or eligible for
membership
), is solely within the jurisdiction of the tribe,
			 except as otherwise provided in tribal or federal law.
(b) The determination of whether a biological
parent
is a
member
of a tribe is solely
			 within the jurisdiction of the tribe, except as otherwise provided by tribal or
			 federal law.
(c) When the
Indian child
is a
member
or eligible for
membership
in only one tribe, that tribe is the
Indian
			 child
's tribe.
(d) When
			 the
Indian child
is a
member
of one tribe but
			 is eligible for
membership
in one or more other tribes, the
			 tribe of which the
Indian child
is a
member
is the
Indian child
's tribe.
(e) When the
Indian child
is
			 a
member
of more than one tribe or if the
Indian
			 child
is not a
member
of any tribe but is eligible
			 for
membership
with more than one tribe, the
Indian
			 child
's tribe is:
(A) The tribe
			 designated by agreement between the tribes of which the
Indian
			 child
is a
member
or in which the
Indian
			 child
is eligible for
membership
; or
(B) If the tribes are unable to agree on the
			 designation of the
Indian child
's tribe, the tribe designated
			 by the court.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0040 - Inquiry and Actions to Determine a Child's Tribal Membership Under the ORICWA

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
Department
receives screening information under OAR
			 413-015-0205, the screener must inquire whether the
child
is
			 an
Indian child
. The screener must document the reporter's
			 response and search the
Department
's information system to
			 determine if the
child
(ren) has American
Indian
or Alaskan Native ancestry. If the screener receives
			 information that the
child
may be an
Indian
			 child
, and the tribe(s) is named, the screener must send a copy of the
			 screening report to the tribe(s) within 24 hours after the screening decision
			 is complete.
(2) The agency must
			 inquire into whether the
child
is an
Indian
			 child
and must work with the:
child
, the
parent
, the
parent
s,
Indian
			 Custodian
, any person having custody of the
child
or
			 whom the
child
resides with,
extended family
			 member
s of the
child
, and any other person who may
			 reasonably be expected to have information regarding the
child
's
membership
or eligibility for
membership
in an
Indian tribe
to gather
			 detailed information regarding:
(a) Tribal
			 affiliation,
membership
;
(b) Whether the
child
is or
			 has been a ward of a
tribal court
; and
(c) The
child
's or the
child
's
parent
s' or
Indian
			 custodian
's
domicile
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0045 - Notification to the Court of Paternity Acknowledgment

Current through Register Vol. 63, No. 7, July 1, 2024
If a man orally or in writing acknowledges paternity of an
Indian child
to the court, to the
Department
,
				the
Department
must notify the court of the man's
				acknowledgement immediately or, if a matter is not yet pending in Oregon,
				immediately upon filing a petition or being served with a copy of a petition
				alleging that the
child
is within the jurisdiction of the
				court under ORS
				109.309 or
				419B.100.
Statutory/Other Authority: ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0050 - Notification to the Tribe of Placement or Change in Placement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When the
Department
knows or has
reason to know
the
child
is an
Indian child
, the
Department
must ensure that notification is provided to the
Indian child
's tribe or tribes as soon as possible and within
			 24 hours of knowing when any of the following actions may occur:
(a) When the Department is managing safety of
			 the
Indian Child
in the home of their parent or
Indian
			 Custodian;
(b) An
emergency removal
;
(c) An involuntary placement. Notification of
			 an involuntary placement under this rule is separate from notice required under
			 OAR 413-115-0120;
(d) A change in
			 placement; or
(e) A
voluntary placement agreement
has been requested by the
parent
or
Indian custodian
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0060 - Active Efforts

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Active efforts
must begin when the
Department
has
reason to know
the
child
may be
			 an
Indian child
. The
ORICWA
applies to
			 anyproceedings under OAR 419B, until the court determines that the
child
does not meet the definition of
Indian
			 child
. Active efforts require a higher standard of conduct than
			 reasonable efforts.
Active efforts
must:
(a) Involve assisting the
parent
or
parent
s or
Indian custodian
through the steps of a case plan and with accessing or developing the resources
			 necessary to satisfy the case plan;
(b) Be provided in a manner consistent with
			 the prevailing social and cultural conditions and way of life of the
Indian child
's tribe whenever possible;
(c) Be conducted in partnership with the
Indian child
and the
Indian child
's
parent
s,
Indian custodian
s,
member
			 extended family member
s and the
Indian child
's tribe
			 whenever possible;
(d) Involve
			 consultation and collaboration with the
Indian child
's tribe
			 in all assessment and case planning decisions and service delivery;
(e) Be tailored to the facts and
			 circumstances of the case; and
(f)
			 Be designed to ameliorate the need for removal.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0070 - Emergency Removal and Return Upon Demand

Current through Register Vol. 63, No. 7, July 1, 2024
(1) During a
CPS assessment
,
			 the
Department
may place an
Indian child
into
			 emergency protective
custody
, whether or not the
Indian child
's
domicile
or residence is on a
reservation
, and regardless of the jurisdiction held by the
child
's tribe, if the following criteria are met:
(a) The
Indian child
is not
			 located on a
reservation
where the tribe has exclusive
			 jurisdiction over
child
custody matters; and
(b) Removal is necessary to prevent
imminent physical damage or harm
to the
Indian
			 child
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0080 - Required Documentation Prior to a Non-Emergency Removal

Current through Register Vol. 63, No. 7, July 1, 2024
Except during an
emergency removal
described
				in OAR 413-115-0070, prior to removal of the
Indian child
from
				a
parent
or
Indian custodian
and filing a
				petition, the
Department
must document:
(1) The causal relationship between the
			 particular conduct of the
parent
or
Indian
			 custodian
or the conditions in the home that is likely to result in
			 serious emotional or physical damage to the
Indian
			 child
.
(2) If it is likely
			 that such harm will occur, that active efforts have been made by the
Department
to offer support and services to the
parent
or
Indian custodian
to address the
			 safety threat and modify the behavior of the
parent
or
Indian custodian
.
(3) Why those active efforts have not been
			 successful.
Statutory/Other Authority: ORS
				  418.005  & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0090 - Placement of Indian Children

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The
Department
must conduct a search for an appropriate
			 placement, which includes, at a minimum:
(a)
			 Contact with the appropriate representative from the
Indian
			 child
's tribe;
(b) A
			 search for available Oregon
Indian foster home
s;
(c) Contact with any
Indian
			 tribe
and
Indian organization
that may have a viable
			 placement resource; and
(d) Contact
			 with the
Indian child
's
extended family
to
			 the sixth degree of consanguinity.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0100 - Voluntary Placement Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
Department
may enter
			 into a
voluntary placement agreement
with the consent of a
parent
or
Indian custodian
of any
Indian child
, if:
(a)
			 Pursuant to ORS
			 418.312 and OAR 413-020-0070, the sole reason for placing the
Indian
child
in a
child
-caring agency,
foster home
, group home, or institutional
child
-care setting is the need to obtain services for the
Indian child
's emotional, behavioral, or mental disorder or
			 developmental or physical disability;
(b) The
Indian child
is more
			 than ten days old;
(c) The
			 voluntary consent is executed in writing and recorded before a judge in the
			 appropriate jurisdiction;
(d) The
			 written consent is accompanied by the court's certification that the terms and
			 consequences of the consent were fully explained in detail on the record and
			 that certification complies with section (2) of this rule; and
(e) The
Department
has
			 contacted by telephone, electronic mail, facsimile or other means of immediate
			 communication any tribe of which the
Indian child
is or may be
			 a
member
to determine the
Indian child
's
			 affiliation and to notify the tribe of the
voluntary placement
			 agreement
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0110 - Consent to Termination of Parental Rights and Voluntary Relinquishment of Parental Rights

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
Department
may accept consent for
termination of
			 parental rights
or voluntary relinquishment of
parental
rights from the
parent
of an
Indian child
if:
(a) The
Department
is pursuing adoption;
(b) The
Indian child
is more
			 than ten days old;
(c) The court
			 has held a hearing during which the
Indian child
's
parent
has executed the release, surrender or certificate of
			 irrevocability and waiver.
(d) The
			 voluntary consent is executed in writing in person, before the court;
(e) The court explains to the
parent
, on the record in detail and in the language of the
parent
, the
parent
's right to legal counsel,
			 the terms and consequences of the release, surrender or certificate of
			 irrevocability and waiver and inform the
parent
that the
			 release, surrender or certificate of irrevocability and waiver may be revoked
			 at any time prior to the entry of the judgment of adoption; and
(f) The judge certifies in writing that the
			 terms and consequences of the consent were fully explained in detail on the
			 record and that certification complies with section (2) of this rule.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0120 - Notice Required Prior to a Child Custody Proceeding or Court Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice must be
			 provided for each
child custody proceeding
under ORS chapter
			 419B in which there is
reason to know
the
child
is an
Indian child
.
(2) The notice must be sent notice to:
(a) The
parent
or
parent
s;
(b) The
Indian custodian
(if applicable);
(c) The
Indian child
's tribe
			 or tribes (or the tribes in which the
Indian child
is eligible
			 for
membership
if a biological
parent
is a
member
);
(d) Any
			 other
party
to the case; and
(e) The Portland Regional Director of the
			 United States Bureau of
Indian
Affairs, as listed in
			 25 C.F.R.
			 23.11(b), if the identity or
			 location of the
Indian child
's
parent
s,
Indian custodian
or
Indian child
's tribe
			 cannot be ascertained.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0130 - Standards of Evidence and Minimum Qualifications for a Qualified Expert Witness

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Preponderance of the Evidence.
Emergency removals.
When
			 requesting court authorization for
emergency removal
at a
			 shelter hearing, the
Department
must demonstrate to the court
			 that the
Department
has complied with
OR
ICWA
Notice requirements, that removal of
			 the
Indian child
or ward is in the
Indian
			 child
's best interest, and that a preponderance of the evidence
			 indicates that protective custody is necessary to prevent
imminent
			 physical damage or harm
to the
Indian
			 child
.
(2) Clear and
			 Convincing.
(a)
Foster care
			 placement
. Except during an
emergency proceeding
,
			 when requesting court authorization for the placement of an
Indian
			 child
in foster care, the
Department
must
			 demonstrate, by clear and convincing evidence, that continued custody of the
Indian child
with the
parent
or
Indian custodian
is likely to result in serious emotional or
			 physical damage to the
Indian child
. The
Department
's presentation of evidence must include the
			 testimony of at least one QEW, as defined in section (3) of this
			 rule.
(b) Durable
Guardianship
finalization pursuant to ORS
			 419B.366.
			 When requesting court appointment of a
guardian
pursuant toORS
			 419B.366,
			 the
Department
must demonstrate, by clear and convincing
			 evidence, that
continued custody
of the
Indian
			 child
with the
parent
or
Indian
			 custodian
is likely to result in serious emotional or physical damage
			 to the
Indian child
. The
Department
's
			 presentation of evidence must include the testimony of at least one QEW, as
			 defined in section (3) of this rule.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0135 - Cultural Continuity Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
Guardianships
. Before
			 the
Department
seeks finalization of a
guardianship
of an
Indian child
under ORS
			 419B.365 or ORS
			 419B.366.
(a) The
Department
must
			 notify the
Indian child
's tribe of the tribe's right to
			 request a
Cultural continuity agreement
. The
Department
must provide the
Indian child
's
tribe
with the opportunity to develop a
cultural
			 continuity agreement
or offer to coordinate mediation between the
Indian child
's tribe and the proposed
guardian(s)
to develop an agreement, and
(b) If requested by the
Indian
			 child
's tribe, the
Department
must ensure that a
Cultural continuity agreement
is in place between the
Indian child
's tribe and proposed
guardian
.
			 The
Department
must provide a copy of the
Cultural
			 continuity agreement
to the court so that the court can incorporate
			 the agreement into the final
guardianship
order.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0140 - Tribal-State Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These
			 rules may be superseded for a particular tribe by a written, signed agreement
			 between the state and that tribe. Such agreement must be retained by the
Office of Tribal Affairs
and produced upon request.
(2) The
Department
must make
			 a good faith effort to enter into a tribal-state agreement with any
Indian tribe
within the borders of this state. The
Department
may also enter into a tribal-state agreement with
			 any
Indian tribe
outside of this state having significant
			 numbers of
member
child
ren or
membership
-eligible
child
ren residing in this
			 state.
(3) The purposes of a
			 tribal-state agreement are to promote the continued existence and integrity of
			 the
Indian tribe
as a political
entity
and to
			 protect the vital interests of
Indian children
in securing and
			 maintaining political, cultural and social relationships with their
			 tribe.
(4) A tribal-state agreement
			 may include, but is not limited to, agreements regarding default jurisdiction
			 over cases in which the state courts and
tribal court
s have
			 concurrent jurisdiction, the transfer of cases between state courts and
tribal court
s, the assessment, removal, placement and custody
			 of
Indian children
and any other
child
welfare services provided to
Indian children
.
(5) A tribal-state agreement must:
(a) Provide for the cooperative delivery of
child
welfare services to
Indian children
in
			 this state, including the utilization, to the extent available, of services
			 provided by the tribe or an organization whose mission is to serve the American
Indian
or Alaska Native population to implement the terms of
			 the tribal-state agreement; and
(b)
			 If services provided by the tribe or an organization whose mission is to serve
			 the American
Indian
or Alaska Native population are
			 unavailable, provide for the
Department
's use of community
			 services and resources developed specifically for
Indian
families and that have the demonstrated experience and capacity to provide
			 culturally relevant and effective services to
Indian
			 children
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 115 - APPLICATION OF THE INDIAN CHILD WELFARE ACT (ICWA) › Section 413-115-0150 - Full Faith and Credit

Current through Register Vol. 63, No. 7, July 1, 2024
The
Department
must give full faith and credit
				to the public acts, records and judicial proceedings of any
Indian
				tribe
regarding any
Indian child
-custody proceeding
				to the same extent the
Department
gives full faith and credit
				to
Indian tribe
s.
Statutory/Other Authority: ORS
				  418.005  & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005  & ORS
				  419B.100
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0000 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Unless the context indicates otherwise, the following
				definitions apply to OAR chapter 413, division 120:
(1) "Adoption" means a legal or
			 administrative process that establishes a permanent legal parent-child
			 relationship between a
child
and an adult who is not already
			 the child's legal parent and terminates the legal parent-child relationship
			 between the adopted
child
and any former parent.
(2) "Adoption agency" means an organization
			 providing the services under any one of the following subsections:
(a) Identifying a
child
for
adoption
and arranging an
adoption
.
(b) Securing the necessary consent to
			 relinquishment of parental rights and to
adoption
.
(c) Performing a background study on a
child
or a
home study
on a prospective
			 adoptive parent and reporting on such a study.
(d) Making determinations of the best
			 interests of a
child
and the appropriateness of
adoption
placement for a
child
.
(e) Monitoring a case after placement until
			 final
adoption
.
(f) When necessary because of
disruption
before final
adoption
, assuming
			 custody and providing child care or other social services for a
child
pending an alternative placement.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				413-120-0010  to
				413-120-0060 is to describe the responsibilities of the Department when making an adoption
				placement selection for a child or sibling group who is in the custody of the
				Department
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  409.050 &
				  418.005
Stats. Implemented: ORS
				  409.010,
				  418.005,
				  418.280,
				  418.285,
				  418.937,
				  419B.100 &
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0016 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be
			 considered as a potential adoptive resource, each applicant who is the subject
			 of an adoption home study must provide a signed, valid release of information
			 to release the adoption home study and associated documents to be considered in
			 the adoption placement selection.
(2) When the Department considers written
			 information in addition to the adoption home study concerning a potential
			 adoptive resource during the adoption placement selection, the adoption worker
			 must:
(a) Notify the potential adoptive
			 resource of the additional written information; and
(b) Have the potential adoptive resource sign
			 a release of information for the additional written information to be
			 considered in the adoption placement selection.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0020 - Adoption Placement Selection Options

Current through Register Vol. 63, No. 7, July 1, 2024
When a child or sibling group has a permanency plan of
				adoption, the Department uses one of the three options below to make an
				adoption placement selection:
(1)
			 Selection by Caseworker. After considering the input from the child's team and
			 following consultation with the supervisor, the caseworker may make the
			 adoption placement selection for a child or sibling group using the process in
			 OAR 413-120-0021  when the requirements of at least one of the following is met:
(a) Pursuant to OAR 413-115-0090(3), if the
			 child being considered for adoption alone or as part of a sibling group is an
			 Indian child, and there is a single potential adoptive resource who:
(A) Has been identified as the placement
			 preference through tribal resolution;
(B) Complies with the placement preference
			 order prescribed by the ICWA and OAR 413-115-0090(3)(c); or
(C) Has been identified as the placement
			 preference by the court through a good cause order as required by the ICWA and
			 OAR 413-115-0090(3)(c).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0021 - Adoption Placement Selection by Caseworker

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before making an adoption placement
			 selection, the child's caseworker must comply with the provisions of OAR
			 413-120-0700  to 413-120-0760.
(2)
			 When the caseworker, after considering the input from the child's team and
			 following consultation with the supervisor, has identified the potential
			 adoptive resources to be considered for adoption placement selection, the
			 caseworker must consult with the adoption worker for each of the identified
			 families to:
(a) Provide the adoption worker
			 with written information, redacted to remove identifying information, about the
			 history and needs of each child under consideration for adoption; and
(b) Discuss the ability of the potential
			 adoptive resource to meet the needs of each child under consideration for
			 adoption.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0025 - Composition of an Adoption Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An adoption committee must be composed of
			 the following individuals:
(a) The caseworker
			 of each child for whom adoption placement selection is being made;
(b) Three individuals appointed by the Child
			 Welfare Program Manager or designee for a local adoption committee, and by the
			 Child Permanency Program Manager, Assistant Child Permanency Program Manager,
			 or designee for a central office adoption committee:
(A) The committee facilitator, who must be a
			 Department staff person; and
(B)
			 Two other individuals, who may be a community partner or a Department staff
			 person.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0035 - Invitation to and Notification of Adoption Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In preparation for and prior to
			 scheduling an adoption committee, the caseworker for each child and the
			 adoption worker for each potential adoptive resource must comply with the
			 provisions of OAR 413-120-0700  to 413-120-0760.
(2) No later than ten business days before
			 the scheduled adoption committee, the Department must send the ADS and each
			 individual identified in OAR 413-120-0025(1), (2), and (3)  all of the
			 following:
(a) Notification of the date,
			 time, and location of the adoption committee.
(b) A copy of each of the adoption home
			 studies and the written information released under OAR 413-120-0016(1) and (2).
(c) Written information about the
			 needs of each child under consideration.
(d) A notice that confidential information
			 may not be re-released, under OAR 413-120-0016(4).
(e) A request to thoroughly review all of the
			 information provided before the date of the adoption committee when the
			 individual will be serving as a committee member.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0053 - The Adoption Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An individual described in OAR 413-120-0025(2)  attending an adoption committee
			 must inform the committee facilitator at the beginning of the adoption
			 committee whether the individual intends to serve as an adoption committee
			 member. These individuals may present written or oral information regarding the
			 needs of the child during the adoption committee, whether or not they are
			 serving as adoption committee members.
(2) An individual invited to attend the
			 adoption committee under OAR 413-120-0035(5)  to present information about the
			 child must:
(a) Present written or oral
			 information regarding the needs of the child during the adoption committee;
			 and
(b) Respond to clarifying
			 questions from adoption committee members and the ADS; and
(c) Leave when excused from the adoption
			 committee, prior to the presentation of the potential adoptive
			 resources.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0057 - Adoption Placement Selection, Notification, and Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Adoption
			 Placement Selection.
(a) The ADS must make a
			 decision regarding the adoption placement selection no later than the end of
			 the next business day following the scheduled adoption committee.
(b) The ADS may make one of the following
			 adoption placement selection decisions from the identified potential adoptive
			 resources presented at the adoption committee:
(A) Select one adoptive resource.
(B) Select an adoptive resource and identify
			 a second adoptive resource as an alternate in the event that the selected
			 adoptive resource is subsequently found to be unavailable or no longer deemed
			 by the Department to meet the current and lifelong needs of the child under OAR
			 413-120-0800  to 413-120-0880.
(C)
			 Select none of the potential adoptive resources.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0060 - Review of the Adoption Placement Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A review may not be requested of an
			 adoption placement selection when each potential adoptive resource was a
			 general applicant.
(2) Except as
			 provided in section (1) of this rule:
(a) Each
			 of the following individuals may request a review of the process and the
			 adoption placement selection under OAR 413-120-0021(10)  or 413-120-0057(1):
(A) The child.
(B) The child's attorney.
(C) The CASA.
(D) An authorized representative from the
			 child's tribe, if the child is an Indian child.
(E) A member of the RCWAC.
(F) The child's caseworker, with the approval
			 of the caseworker's supervisor and the Child Welfare Program Manager or
			 designee.
(G) A relative or current
			 caretaker who was considered as the adoptive resource but was not
			 selected.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0100 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules define the process for legalizing an adoptive
				placement for children in the permanent custody of the Oregon Department of
				Human Services.
Statutory/Other Authority: ORS
				  418.005  & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005  & ORS
				  419B.529
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0105 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005,
				  419B.529
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0110 - Values

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Creating a
			 legal child-parent relationship is the final goal of adoption.
(2) Achieving permanency for the child is
			 important.
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  109.307, ORS
				  109.309 & ORS
				  109.316
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0115 - Requirements for Legalizing the Adoption When a Petition is Filed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When adoption
			 assistance has been approved, and the adoptive parents decide to use a
			 "qualified vendor" attorney, the Adoption Assistance staff send the family a
			 Qualified Vendor Agreement and the Qualified Vendor Attorney List. The family
			 and the attorney must sign the Qualified Vendor Agreement and return it to the
			 central Adoptions Services Unit. Upon receipt of the adoption decree, the
			 adoption assistance staff will prepare the request to reimburse the attorney in
			 accordance with the Department's contract with the attorney.
(2) If the adoptive parents choose to use an
			 attorney who is not on the Qualified Vendor Attorney List, the adoption
			 assistance staff will send the adoptive parents a Non Vendor Agreement. The
			 adoptive parents must sign the agreement and return it to the Adoption Services
			 Unit. Upon receipt of the adoption decree, the adoption assistance staff will
			 reimburse the adoptive parents at the same rate as for a vendor attorney. The
			 adoptive parents are responsible for any additional charges billed by the
			 attorney and are responsible to reimburse the attorney for those
			 charges.
(3) Department employees
			 may not recommend an attorney to serve as counsel for the prospective
			 parents.
(4) When the central
			 office Adoptions Services Unit has received the request for
consent to
			 the adoption
and the vendor or non-vendor agreement, the adoption
			 assistance is in place, and the
legal assistance specialist
has given approval, the Adoptions Services Unit will prepare the
consent to the adoption
to be signed by the Child Permanency
			 Program Manager or designee. In addition to the
consent to the
			 adoption
, the Department's Adoption Services Unit will provide the
			 adoptive parents or their attorney with the following documents to be filed
			 with the petition:
(a) A certified copy of the
			 court orders or the original release and surrender documents which show that
			 the
Department
has permanent custody of the
child
and the authority to
consent to the
			 adoption
of the
child
.
(b) ICWA correspondence, if
			 applicable.
(c) Statement of
			 verification that the birth parents and the petitioners have been advised of
			 the voluntary adoption registry.
(d) Documentation regarding compliance with
			 the Interstate Compact on Placement of Children, if applicable.
(e) A copy of a signed legally enforceable
			 Post Adoption Communication Agreement or
Cultural Continuity
			 Agreement
, if applicable.
(f) Affidavits, if applicable.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0142 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
ORS 419B.529 sets forth conditions
				under which a prospective adoptive parent is not required to file a petition
				for adoption. These rules establish DHS's responsibilities in the process for
				legalizing an adoption through the juvenile court where a petition for adoption
				is not required.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  419B.529
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0145 - Values

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every child
			 needs and deserves a safe, nurturing, and permanent home.
(2) Creating a legal child parent
			 relationship is the final goal of adoption.
(3) Expediting legalization of adoption is
			 desirable if the interests of the child and adoptive family are protected and
			 basic requirements met.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  419B.529
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0155 - Conditions for Not Filing a Petition for Adoption

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				419B.529 and notwithstanding ORS
				109.309, a prospective adoptive
				parent is not required to file a petition for adoption if all of the following
				conditions are in place:
(1) A
			 juvenile court that is a circuit court has entered an order of permanent
			 commitment of the child to DHS pursuant to ORS
			 419B.527, or the parent has
			 signed and Department of Human Services Office of Safety and Permanency for
			 Children has accepted a release and surrender to the Department and a
			 certificate of irrevocability and waiver as provided in ORS
			 418.270 regarding the
			 child.
(2) DHS has completed a home
			 study that finds the prospective adoptive parent(s) suitable to adopt the child
			 and consents to the adoption; and
(3) The adoptive parent(s) elect to legalize
			 the adoption through the juvenile court.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  419B.529
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0160 - Right to Use Expedited Process

Current through Register Vol. 63, No. 7, July 1, 2024
The adoption worker shall inform the adoptive parent(s) in
				writing of their right to use this expedited process, using form CF 438,
				Legalizing the Adoption.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  419B.529
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0165 - Requirements Prior to Proceeding to Legalization of the Adoption

Current through Register Vol. 63, No. 7, July 1, 2024
When the supervision period is concluded and the Adoption
				Services Unit receives a request from the adoptive parent(s) or their legal
				representative to proceed with finalization of the adoption in the juvenile
				court, the Adoption Services Unit shall assure that the following requirements
				have been met or processes have been completed before proceeding with
				forwarding the matter to the juvenile court for legalization:
(1) The requirements of the ICWA and OAR
			 chapter 413, division 115 have been met.
(2) If applicable, the requirements of the
			 Interstate Compact on Placement of Children have been met (OAR 413-040-0200  through 0330).
(3) The birth
			 parent(s) and petitioners have been advised of the Voluntary Adoption Registry
			 (OAR 413-130-0300  through 0360).
(4) The worker has assessed the child's need
			 for openness in adoption, and if appropriate to the case, has provided
			 information to the adoptive parent(s) and facilitated the development of a Post
			 Adoption Communication Agreement (OAR 413-120-0610  through 0650); and
(5) The child has been referred to the
			 Adoption Assistance Program; and if the child meets the criteria, a written
			 Adoption Assistance Agreement has been completed, (OAR 413-130-0000  through
			 0110). If the adoptive parent(s) decline to participate in the Adoption
			 Assistance Program, the worker must obtain a statement signed by the adoptive
			 parent(s) which says that they have been fully informed of the availability of
			 the Adoption Assistance Program and waive their rights to these benefits now
			 and in the future.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  419B.529
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0170 - Attorney Fees

Current through Register Vol. 63, No. 7, July 1, 2024
If Adoption Assistance has been approved, and the adoptive
				parent(s) elect to use an attorney to assist with legalization, the adoptive
				parent(s) can request reimbursement for reasonable and necessary attorney fees
				through the Adoption Assistance Program pursuant to OAR 413-130-0080(1), (4),
				413-130-0090, and 413-120-0115(1) and (2).
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  419B.529
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0175 - Court Filing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
When the requirements of OAR 413-120-0165  have been met, the
				Adoption Services Unit will send the following to the attorney selected by the
				adoptive family, and the attorney must file with the court:
(1) A written consent to the
			 adoption.
(2) A placement report
			 requesting the juvenile court to enter a decree of adoption.
(3) Indian Child Welfare Act statement, ORS
			 109.315(1)(h).
(4) Statement regarding Voluntary Adoption
			 Registry Notification, ORS 109.35.
(5) Documentation regarding compliance with
			 the Interstate Compact on Placement of Children, Article IV, ORS
			 417.200.
(6) Adoption Disclosure Statement, form CF
			 960.
Statutory/Other Authority: ORS
				  418.005
Statutes/Other Implemented: ORS
				  419B.529
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0190 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules (OAR 413-120-0190  to 413-120-0246) describe the
				Department's:
(1) Adoption application
			 requirements for Oregon residents.
(a)
			 Applying to adopt a child in the legal custody of the Department.
(b) Submitting an application to the
			 Department to conduct an adoption home study for a child in the custody of a
			 public child welfare agency in another state after the agency in the other
			 state has submitted an adoptive placement request to the Department in
			 accordance with the ICPC.
(c)
			 Submitting an application to the Department to conduct an adoption home study
			 for a child in the custody of a public child welfare agency in another country
			 after the agency in the other country has submitted an adoption home study
			 request to the Department and in accordance, when applicable, with Child
			 Welfare Policy I-G.1.14, "Intercountry Adoption Pursuant to the Hague
			 Convention and Intercountry Adoption Act", OAR 413-120-0900  to
			 413-120-0970.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0195 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  418.005,
				  418.280 &
				  418.285
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0220 - Adoption Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A resident of Oregon applying to adopt a
			 child in the legal custody of the Department must submit an application for an
			 adoption home study to the Department or to a licensed adoption agency willing
			 to contract with the Department or willing to allow another licensed adoption
			 agency to contract with the Department for post placement supervision services
			 as outlined in OAR 413-120-0830(2)(c).
(2) Applications.
(a) The Department accepts applications for
			 an adoption home study from Oregon residents applying to adopt a child:
(A) In the custody of the Department;
(B) In the custody of a public
			 child welfare agency in another state following receipt of an ICPC request from
			 the agency in the other state; or
(C) In the custody of a public child welfare
			 agency in another country following a request from the agency in the other
			 country and in accordance, when applicable, with OAR 413-120-0900  to
			 413-120-0970.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0222 - Conflict of Interest for Adoptive Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an adoptive applicant under OAR
			 413-120-0220  is a Department of Human Services (DHS) staff member, the
			 requirements of DHS Administrative Policy DHS-060-002, "Conflict of Interest
			 Policy" and "Conflict of Interest Policy Addendum for CAF Employees"
			 apply.
(2) When an adoptive
			 applicant under OAR 413-120-0220  is not a DHS staff member and the Child
			 Welfare Program Manager determines a potential conflict of interest with the
			 Department exists, section (3) of this rule applies. If the Child Welfare
			 Program Manager is unable to determine if there is a conflict of interest, the
			 Adoption Program Manager or designee makes the determination.
(3) An adoptive applicant who has a conflict
			 of interest with the Department is referred to one of the following entities
			 for application and completion of the adoption home study:
(a) A local child welfare office in another
			 district, upon the approval of the supervisor; or
(b) A contracted adoption agency, with the
			 approval of the Adoption Program Manager or designee.