reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0225 - Conditions that Require Additional Approval or Termination of the Department's Adoption Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Prior to proceeding with an adoption application submitted by an individual who
			 has lost permanent custody of a child, there must be an approval by the
			 Adoption Program Manager or designee, at the request of the District Manager or
			 designee.
(2) The Department may
			 terminate the application process and deny an application at any time or remove
			 a completed adoption home study from consideration, when one or more of the
			 following subsections applies:
(a) Information
			 regarding the adoptive applicant is sufficient to determine the adoptive
			 applicant cannot meet adoption home standards described in OAR
			 413-120-0246.
(b) An adoptive
			 applicant's license or certificate to provide services to children, the
			 elderly, or individuals with disabilities has previously been or is currently
			 being denied, revoked, or suspended.
(c) The adoptive applicant falsifies or omits
			 information.
(d) The adoptive
			 applicant does not respond to the inquiries and requests for information within
			 the timelines established by the Department.
(e) The adoptive applicant does not submit
			 the required application information under OAR 413-120-0220.
(f) The adoptive applicant is selected by
			 another adoption agency to adopt a child.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0240 - Status Notification of Adoption Applications

Current through Register Vol. 63, No. 7, July 1, 2024
The Department must send written notice of the status of the
				application to an individual who has submitted an adoption application to the
				Department when the requirements of any of the following sections apply:
(1) The adoption home study is not initiated
			 within 180 calendar days from the date the application is received;
			 or
(2) The Department determines
			 that an individual will not be recommended as a potential adoptive
			 resource.
Stat. Auth.: ORS
				  418.005,
				  418.280,
				  418.285
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 413-120-0243 - Prioritization of an Adoption Home Study Application

Current through Register Vol. 63, No. 7, July 1, 2024
The Department has discretion to prioritize adoption home study
				applications received from the following individuals according to the needs of
				the child or children awaiting adoption rather than the date of receipt of an
				application;
(1) An individual
			 applying to adopt a related child.
(2) An individual applying as a current
			 caretaker for a child.
(3) An
			 individual who is a general applicant when the Department has determined that
			 further general recruitment is not required under OAR 413-120-0750.
(4) An individual who is a general applicant
			 interested in adopting a child with special needs for whom there are few or no
			 available approved homes.
(5) An
			 individual who is a general applicant other than those described in sections
			 (3) and (4) of this rule.
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 413-120-0246 - Standards for an Adoptive Home and Release of an Adoption Home Study

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except to the
			 extent provided otherwise in section (2) of this rule, to be approved to adopt
			 a child in the legal custody of the Department, an individual must complete all
			 of the following:
(a) Have an adoption home
			 study recommending the applicant as a potential adoptive resource written,
			 amended, or updated within the 12 months prior to the adoption placement
			 selection, completed by:
(A) The Department
			 under OAR 413-200-0301  to 413-200-0396;
(B) An Oregon licensed private agency for an
			 Oregon resident when the home study is prepared by a private agency for an
			 Oregon resident under OAR 413-215-0401  to 413-215-0481;
(C) An out-of-state agency under OAR
			 413-040-0200  to 413-040-0330; or
(D) An agency in another country under OAR
			 413-120-0900  to 413-120-0970.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0400 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These rules
			 (OAR describe the
criminal records check
requirements for
			 those seeking to become or remain a
certified resource family or an
			 applicant
seeking approval as an
adoptive resource
under OAR 413-200-0260  to 413-200-0396, or individuals seeking approval as a
member of
the household
, to provide
child care,
or to provide
respite care.
These
			 rules supplement Department of Administrative Services rules, OAR 125-007-0210  to 125-007-0330.
(2) In these
			 rules, a
resource parent
,
relative resource
			 parent
, and
certified resource family
, is a foster
			 parent under ORS
			 418.016,
			 418.625,
			 418.640 and
			 418.648.
(3) These rules set forth the criminal
			 convictions which disqualify a subject individual from being approved as a
resource parent, relative resource parent, certified resource
			 family,
a potential
adoptive resource
or a
member of the household.
(4) These rules outline the process by which
			 the Department assesses the fitness of a
subject individual
with a criminal conviction.
(5) These rules must be used in conjunction
			 with other Oregon administrative rules when determining a subject individual's
			 fitness to be approved as a
certified resource family,
			 approved
as a
member of the household
, approved to
			 provide
child care,
or approved to provide
respite
			 care.
Statutory/Other Authority: ORS
				  409.050, ORS
				  418.005,
				  ORS
				  418.016  & ORS
				  181A.195
Statutes/Other Implemented: ORS
				  418.005,
				  ORS
				  418.016,
				  ORS
				  181A.200,
				  ORS
				  181A.010-181A.245  & ORS
				  409.010
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0420 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat Auth.: ORS
				  409.050,
				  418.005,
				  418.016
Stats. Implemented: ORS
				  181.537,
				  181.010-181.560,
				  409.010,
				  418.005,
				  418.016
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0440 - Circumstances in Which a Criminal Records Check Must Occur and Types of Records Checks Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department must complete a
criminal records check
through the
			 Law Enforcement Database System (LEDS) and a fingerprint-based
criminal
			 records check
of national crime information databases by the Federal
			 Bureau of Investigation (FBI) on the following
subject
			 individuals:
(a) An
applicant
seeking initial approval as a
certified
			 resource
family;
(b) An
			 applicant seeking approval as a potential
adoptive
			 resource;
(c) An adult
member of the household
of an
applicant
to
			 become a
certified resource family
or potential
adoptive resource, except:
(A) A temporary certificate of approval under
			 OAR 413-200-0275  is allowed after assessing the LEDS results but prior to
			 receiving the FBI results.
(B) A
young adult
in the care or custody of the Department is not
			 required to have a
criminal records check.
(C) A
member of the
			 household
who turns 18 after the issuance of a
Certificate of
			 Approva
l or
Child Specific Certificate of Approval
is
			 not required to have a
criminal records check
until the
certified resource family
is being assessed for renewal of
			 certification.
(D) A
member
			 of the household
of a potential
adoptive resource
who
			 turns 18 does not need a FBI fingerprint- based check until the previously
			 approved
adoption home study
is being amended or
			 updated.
(d) A potential
respite provider
or
child care
provider, not
			 otherwise licensed, listed or approved by a state or county entity with child
			 care licensing authority.
(A) A respite or
			 child care provider not otherwise licensed, listed or approved by a state or
			 county entity with child care licensing authority, may be approved on a
			 temporary basis after assessing LEDS results, but prior to receiving the FBI
			 results, with an approval by the child welfare program manager or designee,
			 documented on the form approved by the Department.
(B) A currently certified resource parentwho
			 is a potential respite or child care provider is exempt from criminal
			 background check requirements in this rule.
(e) Any
subject individual
who has lived outside of Oregon for more than 60 consecutive days after their
			 last
criminal records check.
(f) A subject individual previously approved
			 as a respite provider or as a member of the household must undergo a new
			 criminal records check and fitness determination, including a fingerprint-based
			 check of records maintained by FBI, when applying to adopt a child or to be a
			 certified resource parent or certified relative resource parent.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0455 - Arrests Involving a Certified Resource Family

Current through Register Vol. 63, No. 7, July 1, 2024
When a certified resource parent, certified relative resource
				parent, member of the household, respite provider or child care provider is
				arrested the Department must determine if the individual is fit to remain in
				their caregiving role.
(1) Within 24
			 hours of the Department learning of the arrest the Child Welfare Program
			 Manager must make a determination whether a child or young adult may continue
			 to be placed in the home, or whether the respite or child care provider may
			 continue to be approved, based upon information available to the Department.
(2) If the arrest leads to a
			 conviction a determination of the fitness of the individual must be made
			 assessing:
(a) The details of the incident
(b) The social context of the
			 incident
(c) When the subject
			 individual is a relative or has a caregiving relationship with the child or
			 young adult requiring placement, whether the placement may mitigate the trauma
			 due to the existing relationship and whether the placement would provide for
			 the child or young adult's safety, well-being and permanency.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0457 - Weighing Test

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may approve a subject individual convicted of certain crimes if the subject
			 individual demonstrates to the Department:
(a) The person possesses the qualifications
			 to be a
resource parent,
potential
adoptive resource
			 member of the household, child care or respite care provider,
regardless of having been convicted of a crime
; or
(b) The disqualification would create
			 emotional harm to the
child
or
young adult
and placement of the
child
or
young adult
with the person would be a safe place that is in the best interests of
			 the
child
or
young adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0460 - Contesting a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
Department
determines that a
subject individual
cannot be certified or
			 based on a negative
fitness determination
, unless the
subject individual
voluntarily withdraws from the process, the
			 Department must notify the
subject individual
in writing that
			 the
subject individual
:
(a)
			 Has a right to inspect and challenge their Oregon criminal offender information
			 through OSP procedures as adopted per ORS
			 181.555(3)
			 and OAR 257-010-0035;257-010-0035;
(b) May challenge the accuracy or
			 completeness of any entry on the subject individual's criminal records provided
			 by the FBI by filing a challenge with the FBI's Criminal Justice Information
			 Services Division; and
(c) May
			 appeal the Department's determination of unfitness or indicate an intent to
			 challenge information in the OSP or FBI report by requesting a
contested case hearing
pursuant to ORS chapter 183 and OAR
			 413-010-0500  to 413-010-0535  provided that the hearing request is postmarked or
			 the Department receives the request within 30 days from the date of mailing the
			 notice.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0475 - Record Keeping, Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All LEDS reports are confidential, and
			 the
authorized designee
must maintain the reports in
			 accordance with applicable OSP requirements in ORS chapter 181 and the rules
			 adopted pursuant thereto (see OAR chapter 257, division 15).
(a) LEDS and FBI reports are confidential and
			 may only be received or viewed by an
authorized
			 designee
.
(b) LEDS and FBI
			 reports and any photocopies may be shared with another
authorized
			 designee
only if there is a need to know consistent with these
			 rules.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0600 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules OAR 413-600-0005 through 0035 is to
				provide guidelines for a cooperative adoption planning process, as well as
				procedures for developing Post Adoption Communication Agreements (PACA), funded
				and managed by the Department's Adoption Services Program
				Unit.
Stat. Auth.: ORS
				  418.005
Stats. Implemented: ORS
				  109.305
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0625 - Roles and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Child's caseworker: The child's caseworker represents the custodian of the
			 child and assesses the appropriateness of mediation for cooperative post
			 adoption planning for the children on their caseload. The child's caseworker
			 consults with the supervisor and LAS, and seeks input from other interested
			 persons. The decision to refer a case to mediation is based on the best
			 interest of the child and whether the child's safety and permanency needs will
			 be met with post-adoption communication. The child's caseworker consults with
			 an adoption worker, if assigned, or the identified adoptive parent(s) and the
			 birth parent(s) about willingness to participate in the cooperative adoption
			 mediation process. The child's caseworker initiates the referral to mediation
			 and is the primary contact for the contract mediator.
(2) Adoption worker: The adoption worker
			 connects to the cooperative adoption mediation process, selected adoptive
			 parents (including preliminary current caretaker families) of children who may
			 benefit from post-adoption communication. The adoption worker collaborates with
			 the child's worker to identify benefits of the cooperative adoption mediation
			 process and documents safety concerns to be communicated on the Mediation
			 Referral Form.
(3) LAS:
(a) The LAS ensures that legal assistance
			 mediation or cooperative adoption mediation services are included in the
			 discussions of the plan to free the child for adoption (by relinquishment or
			 termination of parental rights). The LAS determines, in consultation with the
			 child's worker and the legal assistance attorney, whether cooperative adoption
			 mediation planning meets the child's best interest post adoptively. If the
			 referral is appropriate the LAS approves the Referral for Mediation (CF 0437).
			 The LAS confers with the child's caseworker when the caseworker determines that
			 the PACA may not meet the safety concerns of the child. The LAS advises the
			 child's caseworker on additional requirements related to Indian
			 children.
(b) The outcome of the
			 procedures to terminate parental rights shall not be the basis of ending the
			 cooperative adoption mediation process.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0628 - Criteria for Using the Cooperative Adoption Mediation Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The fundamental
			 criteria for referring a child for a cooperative adoption mediation process is
			 the best interest of the child's well-being, permanency and safety. It is the
			 responsibility of the department to determine if a referral for mediation is
			 appropriate in accordance with the criteria of OAR 413-120-0628(1) through
			 (3).
(2) Parent(s) who actively
			 chose adoption for their child through voluntary relinquishment of parental
			 rights and who do not present a danger to their child or to an adoptive family,
			 may be most appropriate to participate in a cooperative adoption mediation
			 process. However, parent(s) who have an adversarial relationship with the
			 Department may be able to work cooperatively with a mediator and the adoptive
			 family in a cooperative adoption mediation process.
(3) The decision of a birth parent(s) to
			 relinquish parental rights or a Department decision to proceed to a termination
			 of parental rights trial must be made independent from the Department's
			 decision to refer a case for cooperative adoption mediation. One decision must
			 not be conditioned upon the other.
(a)
			 Relinquishment or termination of parental rights resolves the child's legal
			 status;
(b) The cooperative
			 adoption mediation process is not a means to avoid a termination of parental
			 rights trial. At no time shall a voluntary relinquishment be conditioned on the
			 willingness of the birth parent(s) and/or adoptive parent(s) to enter into a
			 cooperative adoption mediation process;
(c) Caseworkers may not guarantee a certain
			 level of openness in adoption nor make any promises regarding the cooperative
			 adoption mediation process to convince a parent(s) to voluntarily relinquish
			 the child for adoption.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0630 - Post Adoption Communication Agreements (PACAs)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The cooperative adoption mediation
			 process allows the mediation participants to make an informed and self
			 determined decision after exploring the full range of options available to
			 them. These decisions may be memorialized in a PACA. Post Adoption
			 Communication Agreements make the most sense in situations where birth
			 parent(s) are working with the agency to plan adoption, and where voluntary
			 relinquishment of parental rights will be the mechanism to free the child for
			 adoption rather than termination of parental rights. Parents who actively
			 choose adoption for their child, and who do not present a danger to their child
			 or to an adoptive family, are appropriate for a Post Adoption Communication
			 Agreement.
(2) The PACA must
			 address the safety concerns listed in the
Mediation Referral
			 Form
.
(3) The PACA must not
			 condition the terms of agreement upon the decision of the birth parent(s) to
			 relinquish parental rights.
(4)
			 Informed decision making in mediation involves giving the participants the
			 opportunity to make self-determined decisions after exploring options that may
			 impact the terms of their final agreement. The following characteristics should
			 be considered in forming a PACA:
(a) It is
			 based on the individual needs of the child and capable of meeting the child's
			 developmental needs over time;
(b)
			 Reflects the intent of relationship building in order for the adoptive
			 parent(s) to meet the needs of the adopted child through growth and
			 development;
(c) It is clear and
			 can be understood by the mediation participants;
(d) It addresses how contingencies will be
			 handled. For example: failure to adhere to the terms of the agreement by any
			 mediation participant; requests for informal changes to the terms of the
			 agreement, etc.
(e) It includes a
			 procedure for modifying the agreement to meet the changes of the child through
			 growth;
(f) It addresses how costs
			 to support the agreement, such as transportation, counseling, supervision of
			 visits, and letter and picture exchanges will be met.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0700 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 413-120-0700  to 413-120-0760  is to describe the responsibilities of the
			 Department to:
(a) Identify the potential
			 adoptive resources for a
child
or
sibling
			 group
under consideration for
adoption
to best meet
			 the current and lifelong needs of each
child
for safety,
			 attachment, and well-being;
(b)
			 Establish an order of preference for assessment and consideration of potential
			 adoptive resources; and
(c)
			 Consider a
current caretaker
or
relative
			 caregiver
request for an adoption home study in order to be considered
			 as a potential
adoptive resource.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0710 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  109.309 &
				  418.005
Stats. Implemented: ORS
				  109.309,
				  418.005,
				  418.285,
				  418.937,
				  419B.090,
				  419B.100 &
				  419B.192
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0720 - Department Efforts to Place with Relatives, Current Caretakers and to Place Siblings Together

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department's preference for placement of a child is to place siblings together
			 for the purpose of adoption with relatives or current caretakers.
(2) Prior to pursuing a general applicant as
			 a potential adoptive resource, the caseworker and the caseworker's supervisor
			 must comply with all of the following requirements:
(a) Review the diligent efforts of the
			 Department to identify, contact, and place a child with relatives and to place
			 siblings together as required by OAR 413-070-0060  to 413-070-0087.
(b) Confirm there are no current Department
			 actions to identify or assess a relative who has expressed an interest in being
			 assessed as a potential adoptive resource for the child or sibling
			 group.
(c) Confirm there are no
			 Department actions to identify or assess a current caretaker who has expressed
			 an interest in being assessed as a potential adoptive resource for the child or
			 sibling group.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0730 - Order of Preference for Identification of Potential Adoptive Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 provided in sections (2) and (3) of this rule, when identifying potential
			 adoptive resources for a child or sibling group, the caseworker must consider
			 the needs and the best interest of each child, and assess the knowledge,
			 skills, and abilities of each potential adoptive resource in the following
			 order of preference:
(a) Except when (c) of
			 this section applies, a relative as defined in OAR
			 413-120-0000(68)(a)-(c).
(b) Except
			 when (c) of this section applies, a relative as defined in OAR
			 413-120-0000(68)(d).
(c) When a
			 child or sibling group has a current caretaker as defined in OAR
			 413-120-0000(26), the current caretaker and a relative as defined in OAR
			 413-120-0000(68)(a)-(d).
(d) A
			 general applicant.
(e) When an
			 individual would otherwise meet the definition of current caretaker, except for
			 being a relative as defined in OAR 413-120-0000(68)(d), the individual is
			 considered a current caretaker for purposes of this section.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0735 - Current Caretaker or Relative Caregiver Request for an Adoption Home Study

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When a
current caretaker
or
relative caregiver
requests a home study to be considered as a potential
adoptive
			 resource
for a
child
or
sibling group
thatareunder consideration for adoption, prior to the completion of
			 the adoption home study, the Department shall:
(a) Convene a staffing that includes:
(A) The caseworker for the
child
;
(B) The
			 assigned courtesy caseworker for the
child
, if applicable;
(C) The assigned supervisor for
			 each caseworker assigned to the child;
(D) The assigned DHS certifier or ICPC worker
			 for the
current caretaker
or
relative
			 caregiver
; and
(E) The
			 assigned DHS adoption worker or, if known, ICPC adoption worker, if different
			 from the assigned certifier or ICPC worker.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0750 - Recruitment Efforts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department must begin recruitment for the child or sibling group in a timely
			 manner that is appropriate to each child's permanency and concurrent permanent
			 plans.
(2) The Department may
			 consider up to three general applicants as adoptive resources for a child or
			 sibling group.
(3) Except as
			 provided in section (4) of this rule, the Department's recruitment efforts may
			 not consider the race, color, or national origin of a potential adoptive
			 resource or a child.
(4) When
			 recruiting potential adoptive resources for an Indian child, the Department
			 must comply with the ICWA and OAR 413-115-0090.
(5) When a child is not fully free for
			 adoption, the legal assistance specialist must:
(a) Determine when recruitment may
			 begin;
(b) Determine whether
			 recruitment may begin for a child with extraordinary needs before the
			 Department initiates the process to free the child for adoption; and
(c) Notify the caseworker to begin
			 recruitment efforts.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0760 - Identification of a Child's Potential Adoptive Resources

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When identifying potential general
			 applicant adoptive resources for a child or sibling group, the caseworker may:
(a) After discussion with his or her
			 supervisor and on a case-by-case basis, consult with a birth parent to identify
			 one to three potential adoptive resources; and
(b) Provide a birth parent with
			 non-identifying information from the adoption home study of a potential
			 adoptive resource who is a general applicant not known to the parent or
			 child.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0800 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR
				413-120-0800  to
				413-120-0880 is to describe;
(1) Department
			 responsibilities following the selection of an adoptive resource pursuant to
			 OAR 413-120-0010  to 413-120-0060  for:
(a)
			 Adoption transition and placement of the child with the adoptive resource;
(b) Supervision of the adoptive
			 placement;
(c) Support for the
			 child and adoptive family after placement; and
(d) Actions required by the Department when a
			 disruption of an adoptive placement of a child in the legal custody of the
			 Department is likely or has occurred.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0830 - Department Actions Prior to Placement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to the physical placement of a
child
in the home of the family selected to be the
adoptive resource
, the caseworker must arrange
post-placement supervision
and medical coverage for the
child
.
(2) When
			 the family selected to be the
adoptive resource
is outside the
			 state of Oregon, but in the United States:
(a) The court and the receiving state must
			 agree to the adoptive placement prior to the physical placement of a
child
who is not yet legally free for adoption;
(b) Approval as required by Child Welfare
			 Policy I-B.3.4.2, "Interstate Compact on the Placement of Children", OAR
			 413-040-0200  to 413-040-0330  must be received; and
(c) When supervision is to be provided by a
			 private agency, the Department must contract only with an agency willing to:
(A) Provide supportive services to the
child
and adoptive family;
(B) Provide progress reports as required by
			 the Department;
(C) Provide a
			 written recommendation regarding the finalization of the adoption;
			 and
(D) Accept payment as
			 authorized by the Department.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0840 - Early Adoption Transition

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The child's caseworker, following consultation with the caseworker's supervisor
			 and the approval of the Child Welfare Program Manager, may request physical
			 placement with the family selected to be the adoptive resource before the
			 timelines described in OAR 413-120-0830  when the requirements in all of the
			 following subsections are met:
(a) It is in
			 the best interests of the child;
(b) There are no indications that a review of
			 the adoption placement selection will be requested; and
(c) When the child is to be placed in a state
			 within the United States and outside of Oregon, the requirements under OAR
			 413-120-0830  have been met regarding a placement in a state other than
			 Oregon.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0860 - Placement and Post-placement Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The child's caseworker must offer support
			 and services to the adoptive resource to assist in a successful adoption
			 transition of the child into the home of a family selected to be the adoptive
			 resource.
(2) Post-placement
			 supervision must include all of the following:
(a) Monthly face-to-face contact with the
			 child described in OAR 413-080-0055;
(b) Assessment of the child's safety and
			 well-being under Child Welfare Policy I-B.1, Monitoring Child Safety, OAR
			 413-080-0067;
(c) Providing
			 services and support to assist the adoptive resource in meeting the
			 requirements described in Child Welfare Policy I-G.1.3, "Adoption Applications,
			 Adoption Home Studies, and Standards for Adoption", OAR
			 413-120-0246(1)(b).
(d) Providing
			 support to the adoptive resource in the process of the completion and
			 submission of the adoption assistance application, when applicable;
			 and
(e) Documentation from the
			 supervising worker which includes the supervision reports and a recommendation
			 regarding finalization of the adoption.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0870 - Disruption

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the
			 adoption placement selection has been made pursuant to OAR 413-120-0021  or
			 413-120-0057, but prior to the physical placement of the child with the family
			 selected as the adoptive resource, when circumstances occur or conditions are
			 made known to the Department that give the child's caseworker reason to believe
			 the selected adoptive resource is no longer appropriate for the child or his or
			 her siblings, the child's caseworker must:
(a)
			 Consult with his or her supervisor;
(b) Document the conditions or circumstances
			 of concern; and
(c) Request
			 approval from the Adoption Program Manager to reconsider the adoption placement
			 selection.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0880 - No Delay in Placement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may not delay placement of a child for adoption with an adoptive
			 resource based on any criteria listed in the following subsections:
(a) Geographic location; or
(b) Race, color, or national origin of the
			 child or the adoptive resource.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0900 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
These rules (OAR 413-120-0900  to 413-120-0970) describe:
(1) The Department's responsibilities
			 in cases that are subject to the requirements of the Hague Convention on
			 Protection of Children and Co-operation in Respect of Intercountry Adoption
			 (Convention) and the Intercountry Adoption Act of 2000,
			 42 USC
			 14901 to
			 14954(IAA).
			 The Convention and IAA apply to any case where a child who is a habitual
			 resident of one Convention country has been, is being, or will be moved to
			 another Convention country for the purpose of adoption. The Convention and IAA
			 are intended to protect the rights of and prevent abuses against children,
			 birth families, and adoptive parents involved in any adoption that is subject
			 to the Convention and IAA and to ensure that such adoptions are in the best
			 interests of the child.
(2) The
			 duty of the Department to enter into a formal agreement with the foreign
			 authorized entity of the receiving Convention country for an outgoing
			 Convention adoption to assure that the prospective adoptive parents are
			 suitable and willing to adopt the child, support child safety, and assure the
			 provision of needed services during the period of post-placement supervision
			 prior to finalization of the adoption.
Stat. Auth.: ORS
				  417.262,
				  417.265,
				  418.005
Stats. Implemented: ORS
				  417.262,
				  417.265,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0910 - Duty to Provide Information to Convention Case Registry

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notwithstanding
			 any other Department rule regarding the disclosure of information related to
			 adoptions, the Department must provide all information to the U.S. State
			 Department that is required for registry reporting. This includes, but is not
			 limited to, information on each of the following actions for a Convention
			 adoption, either incoming or outgoing, pending or finalized by the Department:
(a) A child immigrating to the United States
			 for the purpose of adoption;
(b) A
			 child emigrating from the United States for the purpose of adoption;
(c) Number of disruptions;
(d) Number of dissolutions; and
(e) Average length of time to finalization.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0920 - Adoption of a Child Immigrating to the United States (Incoming Convention Adoption)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 incoming Convention adoption can involve a child who:
(a) Holds or is eligible for dual United
			 States and foreign citizenship; or
(b) Is undocumented, but the foreign
			 authorized entity of the child's birth country has determined that the
			 Convention applies to the adoption.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0925 - Adoption of a Child Emigrating from the United States (Outgoing Convention Adoption)

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may pursue an outgoing Convention adoption provided that:
(a) It is in the best interest of the
			 child;
(b) The child has not been
			 abducted, sold, or trafficked in connection with the adoption; and
(c) The prospective adoptive parent meets all
			 of the following requirements:
(A) Is one of
			 the following:
(i) A relative as described in
			 OAR 413-120-0000(64)(a)(A), (B) or (C);
(ii) A relative as described in OAR
			 413-120-0000(64)(b)(A) or (G); or
(iii) An individual with a relationship to
			 the child or young adult's half-sibling through the half-sibling's legal or
			 biological father or mother as described in subparagraph (i) or (ii) of this
			 paragraph for the purpose of placing the half-siblings together.
(B) Has been assessed, approved,
			 and trained; and
(C) Has been
			 determined able and willing to permanently provide for the safety, well-being,
			 and special needs of the child.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0930 - Transition, Travel, Placement, and Registration Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
For an outgoing Convention adoption:
(1) The Department is responsible for
			 assuring that the child is fully prepared for transition to a new home,
			 community, and country.
(2) A
			 component of transition is establishing that the region the child will travel
			 to and reside in is approved as a safe place to travel by the U.S. State
			 Department.
(3) The child's move
			 to the receiving Convention country must be made under secure and appropriate
			 circumstances and in the company of the child's prospective adoptive parents,
			 caseworker, or another adult.
(4)
			 The child must carry a regular passport from all countries in which the child
			 is a citizen.
(5) If the receiving
			 Convention country requires a Hague custody declaration, the individual
			 accompanying the child during travel must carry a copy of the Hague custody
			 declaration.
(6) After a child is
			 placed in another country for the purpose of adoption, the Department must
			 register the child with the U.S. State Department as a United States citizen
			 living abroad.
Stat. Auth.: ORS
				  417.262,
				  417.265,
				  418.005
Stats. Implemented: ORS
				  417.262,
				  417.265,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0940 - Post-Placement Supervision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Notwithstanding the provisions of OAR 413-120-0830  the Department may not
			 consent to an outgoing Convention adoption until at least 6 months after the
			 child has been placed with the prospective adoptive parents. This
			 post-placement supervision period may not be waived.
(2) The Department must keep the foreign
			 authorized entity fully informed about the adoption process and the steps taken
			 to complete the adoption.
(3) The
			 Department must comply with the requirements of each of the following
			 subsections:
(a) Monitor the child's adoption
			 placement by reviewing the 90-day written progress reports received from the
			 foreign authorized entity.
(b)
			 Assess, based on the information in the 90-day reports, whether the child is
			 adjusting to and being integrated into the prospective adoptive family's
			 household.
(c) Complete all
			 necessary steps related to the adoption assistance process, if applicable.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0945 - Finalization and Post-Finalization Duties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the post-placement supervision
			 period has expired and before finalization of an outgoing Convention adoption
			 the Department must submit to the foreign authorized entity proof of the
			 Department's consent to the child's adoption.
(2) An outgoing Convention adoption must be
			 finalized in Oregon pursuant to ORS
			 419B.529.
(3) Concurrent with finalization of the
			 outgoing Convention adoption the Department must request an order from the
			 court making all of the necessary findings required by the Convention and IAA
			 to support an application for a Hague adoption certificate.
(4) After finalization of the outgoing
			 Convention adoption the Department must apply for a Hague adoption certificate.
			 To apply for a Hague adoption certificate the Department must submit all of the
			 following to the Secretary of State:
(a) A
			 completed Hague adoption certificate application on the form prescribed by the
			 Secretary of State;
(b) A
			 certified copy of the court's order finding that the child is eligible for
			 adoption, that the adoption is in the child's best interest, granting the
			 adoption, and verifying that the requirements of
			 22
			 C.F.R. 97.3 have been met; and
(c) Any other additional documentation and
			 information required by the Secretary of State.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0950 - Adoption Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for adoption assistance a child who is the
				subject of a Convention adoption must be a United States citizen and meet all
				other eligibility requirements under Child Welfare Policy I-G.3.1 "Adoption
				Assistance", OAR 413-130-0000  to 413-130-0130.
Stat. Auth.: ORS
				  417.262,
				  417.265,
				  418.005
Stats. Implemented: ORS
				  417.262,
				  417.265,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0960 - Disclosure to the Adoptive Family

Current through Register Vol. 63, No. 7, July 1, 2024
The Department must provide the prospective adoptive parents in
				an outgoing Convention adoption all the child summary and medical history in
				both the original format and translated into the primary language of the
				prospective adoptive parents.
Stat. Auth.: ORS
				  417.262,
				  417.265,
				  418.005
Stats. Implemented: ORS
				  417.262,
				  417.265,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 120 - ADOPTION › Section 413-120-0970 - Hague Custody Declarations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When a child will be placed for adoption in a Convention country the Secretary
			 of State may issue a Hague custody declaration acknowledging that legal custody
			 of the child has been granted to prospective adoptive parents for the purpose
			 of immigration and adoption in another Convention country. If the receiving
			 Convention country requires a Hague custody declaration for placement of a
			 child for adoption in the receiving Convention country, the Department must
			 apply for and obtain a Hague custody declaration by completing the U.S. State
			 Department's application and submitting the application with a court order with
			 the proper findings supporting the application.
(2) The Hague custody declaration must
			 accompany the child when the child leaves the United States and travels to the
			 other Convention country.
Stat. Auth.: ORS
				  417.262,
				  417.265,
				  418.005
Stats. Implemented: ORS
				  417.262,
				  417.265,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0010 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 413-130-0010  to 413-130-0130  is to describe the criteria for eligibility
			 and the types of adoption assistance that may be established for:
(a) A child in the legal custody of:
(A) The Department;
(B) A participating tribe; or
(C) A licensed adoption agency in
			 Oregon.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0015 - Funding for Adoption Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department makes efforts to establish
			 Title IV-E adoption assistance eligibility under OAR 413-100-0335  to access
			 federal reimbursement for adoption assistance.
(2) A child determined to have special needs
			 under OAR 413-130-0020  who is ineligible for Title IV-E funded adoption
			 assistance is eligible for state funded adoption assistance as described in OAR
			 413-130-0040(4)-(6). Administration of state funded adoption assistance is
			 dependent upon the availability of such funds.
(3) When all available state funds are
			 obligated, the Department must continue to:
(a) Accept new applications;
(b) Accept requests to adjust an adoption
			 assistance payment; and
(c)
			 Establish a waiting list.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0020 - Special Needs Determination for Adoption Assistance Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to be
			 eligible for adoption assistance, funded through either federal or state funds,
			 a child must be determined to have special needs.
(2) The Department must make the
			 determination that the child has special needs under each of the following
			 subsections:
(a) The child cannot or should
			 not be returned to the home of his or her parent or parents. This decision is
			 based on one of the following:
(A) An order
			 from a court of competent jurisdiction terminating parental rights.
(B) The existence of a petition for
			 termination of parental rights.
(C)
			 A voluntary relinquishment of parental rights for a child under the
			 jurisdiction of the court, in the custody of the Department or in a subsequent
			 adoption when there was an adoption assistance agreement in place during the
			 prior adoption.
(D) A voluntary
			 relinquishment of parental rights and a judicial determination that remaining
			 in the home of a specified relative as defined in OAR 413-100-0000  would be
			 contrary to the welfare of the child. The request for the judicial
			 determination must be filed within six months of the time the child last lived
			 with the specified relative.
(E)
			 For a child who can be adopted in accordance with state or tribal law without a
			 termination of parental rights or voluntary relinquishment of parental rights,
			 the valid reason why the child cannot or should not be returned to the home of
			 his or her parents.
(F) In the case
			 of a child whose parent or parents are deceased, verification of the death of
			 the parent or parents.
(G) For a
child
who is being adopted by the current
guardian
who is receiving guardianship assistance from the
			 Department, the guardianship order must state that the child can not be
			 returned to a
parent
.