reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0040 - Eligibility for an Adoption Assistance Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining eligibility for an
			 adoption assistance payment, the Department may not impose an income
			 eligibility requirement for the pre-adoptive family or adoptive
			 family.
(2) To be eligible for a
			 Title IV-E funded adoption assistance payment, a child must meet all of the
			 following requirements.
(a) Be a citizen of
			 the United States or a Qualified Non US Citizen as described in OAR
			 413-100-0210(2), and in 8 USC
			 1641(b) or (c).
(b) When the child is a Qualified Non US
			 Citizen and is placed with a pre-adoptive parent who is an Unqualified
			 Non-Citizen, the child must meet the five year residency requirement set forth
			 in The Personal Responsibility and Work Opportunity Reconciliation Act of 1996,
			 Public Law
			 104-193.
(c) Be determined eligible for Title IV-E
			 adoption assistance under OAR 413-100-0335.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0050 - Adoption Assistance Application Requirements and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A licensed
			 adoption agency recommending adoption assistance for a pre-adoptive family must
			 verify and document that recruitment efforts under OAR 413-130-0020(2)(c)  were
			 made for the child.
(2) A
			 pre-adoptive family under OAR 413-130-0040(5)  may contact the Adoption
			 Assistance and Guardianship Assistance Unit for help in submitting a written
			 adoption assistance application directly to the Department.
(3) A pre-adoptive family of a child in the
			 custody of the Department must notify the Department in writing if they choose
			 not to accept any form of adoption assistance.
(4) An adoption assistance application is
			 considered complete when the Adoption Assistance and Guardianship Assistance
			 Unit has received a signed adoption assistance application form and all
			 supporting documentation.
(5)
			 Except as described in subsections (a) and (b) of this section, the Adoption
			 Assistance and Guardianship Assistance Unit must begin negotiation of the
			 adoption assistance agreement no later than 60 calendar days after receipt of a
			 completed adoption assistance application submitted for a legally free child in
			 the home of an approved pre-adoptive family.
(a) The Adoption Assistance and Guardianship
			 Unit may delay negotiation of the adoption assistance payment for a completed
			 application when the child is due for an updated CANS screening, a new CANS
			 screening is warranted, or a CANS screening is in process or completed but a
			 decision is pending regarding the level of care payment. The unit must begin
			 negotiation no later than 30 calendar days from receipt of the final decision
			 regarding the level of care payment.
(b) The Adoption Assistance and Guardianship
			 Unit may delay negotiation following a request by the caseworker, the
			 pre-adoptive family, or adoptive family when there are extenuating
			 circumstances regarding the child or family. The unit must begin negotiation no
			 later than 30 calendar days from notification that the extenuating circumstance
			 causing the delay has been resolved.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0055 - Extension of Adoption Assistance for a Young Adult

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may approve an extension
			 of an adoption assistance agreement for an individual under the age of 21 when
			 the individual and meets subsection (a) or (b) of this section.
(a) An initial adoption assistance agreement
			 was entered into on behalf of the child, and at the time of his or her 18th
			 birthday, the child:
(A) Qualifies as an
			 individual with a developmental disability as determined by the Oregon
			 Department of Human Services, Developmental Disabilities Services;
(B) If living in a state other than Oregon,
			 qualifies as an individual with a developmental disability as determined by the
			 equivalent developmental disability program in that state; or
(C) Qualifies for Supplemental Security
			 Income (SSI) as determined by the Social Security Administration.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0070 - Negotiation and Determination of the Monthly Adoption Assistance Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When adoption
			 assistance is not provided, a pre-adoptive family or adoptive family may enter
			 into an adoption assistance agreement only.
(2) The monthly adoption assistance payment:
(a) Is determined through discussion and
			 negotiation between the Department and the pre-adoptive family or adoptive
			 family.
(b) May not exceed the
			 current foster care base rate payment the child or young adult would be
			 eligible to receive in foster care under OAR 413-090-0010(1)(b)  combined with,
			 if applicable, the level of care payment determined by the CANS screening
			 conducted under OAR 413-020-0230
(c) Is negotiated between the pre-adoptive
			 family or adoptive family and the Department, taking into consideration
			 relevant factors which include, but are not limited to:
(A) The ordinary and special needs of the
			 child or young adult;
(B) The
			 services and goods required to meet the needs of the child or young
			 adult;
(C) The cost of the services
			 and goods required to meet the needs of the child or young adult;
(D) The circumstances of the pre-adoptive
			 family or adoptive family and their ability to provide the required services
			 and goods for the child or young adult; and
(E) The resources available to the
			 pre-adoptive family or adoptive family such as medical coverage, private health
			 insurance, public education, other income sources and community
			 resources.
(F) An adoption
			 assistance payment may be reduced when other sources of income are received by
			 the pre-adoptive family or adoptive family or the child or young
			 adult.
(d) Is intended to
			 be combined with the resources of the pre-adoptive family or adoptive family to
			 provide for the needs of the child or young adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0075 - Renegotiation of an Adoption Assistance Payment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department, pre-adoptive family, or
			 adoptive family may request renegotiation of an adoption assistance agreement.
			 When the pre-adoptive family or adoptive family has previously signed an
			 adoption assistance agreement only and requests adoption assistance at a later
			 date, it is considered a renegotiation.
(2) A request for renegotiation of the
			 adoption assistance agreement made by a pre-adoptive family or adoptive family
			 must:
(a) Be in writing in a format provided
			 by the Department to the pre-adoptive family or adoptive family;
(b) Document changes in the circumstances of
			 the pre-adoptive family or adoptive family, when applicable;
(c) Document the needs of the child or young
			 adult;
(d) Provide information
			 about the financial expenses of the pre-adoptive family or adoptive family in
			 meeting the needs of the child or young adult; and
(e) If the pre-adoptive family or adoptive
			 family is requesting a CANS screening, provide written documentation of the
			 child's or young adult's current behaviors and functioning that meet the
			 eligibility requirements for a CANS screening referral under OAR
			 413-020-0230.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0077 - Eligibility for Nonrecurring Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
A pre-adoptive family is eligible for reimbursement of
				nonrecurring expenses through Title IV-E funding on behalf of a child
				determined to have special needs under OAR 413-130-0020  when the child is in
				the custody of:
(1) The Department, a
			 participating Tribe or a licensed adoption agency; or
(2) An Oregon family following a
			 relinquishment of parental rights by the legal parent directly to the Oregon
			 family.
(3) An Oregon family
			 readopting a
child
whose adoptive
parent
or
parents
were receiving Title IV-E adoption
			 assistance.
(4) A
guardian
who has a current
guardianship
assistance agreement
in place for the
child
and the
child
is being adopted by that guardian
			 resource.
Statutory/Other Authority: ORS
				  418.005, ORS
				  418.340 & ORS
				  409.050
Statutes/Other Implemented: ORS
				  418.005, ORS
				  418.330, ORS
				  418.335 & ORS
				  418.340
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0080 - Payment for Nonrecurring Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An agreement, indicating the nature and
			 amount of nonrecurring expenses, must be signed prior to the final judgment of
			 adoption. Payment for nonrecurring expenses is made when the Department
			 receives the final judgment of adoption.
(2) The Department will reimburse an adoptive
			 family up to $2,000 for each eligible child for approved nonrecurring expenses,
			 including but not limited to:
(a) The cost of
			 a home study;
(b) Court costs;
(c) Legal fees, as authorized by
			 the Department;
(d) Physical and
			 psychological examinations required for the adoption; and
(e) Travel to visit with the adoptive child
			 prior to the placement.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0090 - Special Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request
			 for a special payment:
(a) May be made after
			 finalization of the adoption by an adoptive family who has an existing adoption
			 assistance agreement with the Department; and
(b) Must include documentation from the
			 adoptive family when requested by the Department.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0100 - Medical Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A child
			 or young adult who is the subject of an adoption assistance agreement funded by
			 Title IV-E funds is categorically eligible for medical assistance through Title
			 XIX and eligible for social services through Title XX.
(2) A child or young adult who is the subject
			 of an adoption assistance agreement funded with state general funds is eligible
			 for medical assistance under OAR 413-100-0400  to 413-100-0610  when:
(a) The child or young adult resides in
			 Oregon; or
(b) The child or young
			 adult resides outside of Oregon but in the United States or a territory or
			 possession thereof and is not able to obtain medical assistance in his or her
			 place of residence.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0110 - Administration of Approved Adoption Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in OAR 413-130-0130,
			 in order for the Department to provide adoption assistance on behalf of an
			 eligible child:
(a) An adoption assistance
			 agreement must be signed by each individual who is a party to the agreement and
			 a Department representative; and
(b) The adoption assistance agreement must be
			 in effect before the judgment of adoption.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0112 - Required Communication

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 pre-adoptive family or adoptive family receiving adoption assistance must
			 immediately report, orally or in writing, to the Adoption Assistance and
			 Guardianship Assistance Unit any changes in circumstances of the child or young
			 adult, pre-adoptive family or adoptive family that makes the child or young
			 adult ineligible for adoption assistance including, but not limited to when:
(a) The child or young adult:
(A) Is emancipated;
(B) Dies;
(C) Marries;
(D) Enlists in the military; or
(E) No longer meets the eligibility
			 requirements for extension of adoption assistance under OAR
			 413-130-0055.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0125 - Review, Adjustment, Suspension, Expiration, and Termination of Adoption Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may review an adoption assistance agreement and request updated
			 information from the pre-adoptive family or the adoptive family when the
			 Department:
(a) Receives information
			 indicating that the child or young adult may no longer be eligible for adoption
			 assistance or may be eligible for an adoption assistance payment in a different
			 amount, including when the Department receives information regarding any of the
			 circumstances described in OAR 413-130-0112.
(b) Determines, when the child or young adult
			 is not residing in the home of the pre-adoptive family or adoptive family, that
			 a periodic review of the adoption assistance agreement is required.
(c) Receives information that indicates a
			 review is necessary based on a change in the needs of the child or young adult
			 or circumstances of the family.
(d)
			 Receives information that the young adult no longer meets the requirements for
			 continued assistance, if the Department has agreed to extend adoption
			 assistance under OAR 413-130-0055.
(e) Determines that the pre-adoptive family
			 or adoptive family has not complied with the requirements of the adoption
			 assistance agreement; or
(f)
			 Receives information or otherwise becomes aware that the pre-adoptive family or
			 adoptive family is no longer providing support for the child or young adult or
			 is no longer legally responsible for the support of the child.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0130 - Post Judgment of Adoption Applications for Adoption Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An adoptive
			 family asking to apply for adoption assistance after the judgment of adoption
			 must submit a written request to the Adoption Assistance and Guardianship
			 Assistance Unit, 500 Summer Street NE, E-71, Salem, Oregon 97301, based on one
			 or more of the following extenuating circumstances:
(a) Relevant facts regarding the child, the
			 biological family, or background of the child were known, but not shared with
			 the adoptive family prior to legal finalization of the adoption;
(b) Adoption assistance was denied based on
			 an assessment of the financial need of the adoptive family;
(c) The Department determined the child was
			 ineligible for adoption assistance, but information becomes known that
			 indicates a review of the determination is appropriate; or
(d) The Department failed to advise the
			 adoptive family of a special needs child of the availability of adoption
			 assistance.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0300 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR 413-130-0300  to 413-130-0365  is to describe
				the responsibilities of the Adoption Search and Registry Program for adoptions
				that finalized in Oregon and the eligibility requirements that must be met in
				order to:
(1) Receive non-identifying
			 information from the registry;
(2)
			 Register to allow the release of identifying information; and
(3) Request an assisted search for certain
			 members of an individual's birth family or the county in which the adoption was
			 finalized.
Stat. Auth.: ORS
				  109.506,
				  418.005
Stats. Implemented: ORS
				  109.425 -
				  109.507
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0305 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory Authority: ORS
				  418.005
Stats. Implemented: ORS
				  109.425 -
				  109.500
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0310 - Registry Eligibility for Non-Identifying Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A registry must provide genetic and
			 social history and health history of the adoptee and birth family members, if
			 available, to the following individuals:
(a)
			 An adult adoptee;
(b) An adoptive
			 parent of a child adoptee;
(c) A
			 guardian of a child adoptee;
(d) A
			 birth parent of an adoptee;
(e)
			 Adult progeny of a deceased adoptee;
(f) A spouse of a deceased adoptee, if the
			 spouse is the birth parent or guardian of any child of the
			 adoptee.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0320 - Registry Eligibility for Identifying Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The adoption registry is a voluntary
			 program in which birth parents, putative fathers, adoptees, and genetic
			 siblings of adoptees may register their willingness to release identifying
			 information to each other.
(2) The
			 following individuals are eligible to register:
(a) An adult adoptee;
(b) An adoptive parent or guardian of a minor
			 adoptee;
(c) An adoptive parent of
			 a deceased adoptee;
(d) An adult
			 genetic sibling of an adoptee;
(e)
			 A parent or guardian of a minor genetic sibling of an adoptee;
(f) A birth parent;
(g) A parent or adult sibling of a deceased
			 birth parent; or
(h) A putative
			 father. A putative father may register to have his identifying information
			 given to adult adoptee, but the registry may not give identifying information
			 about the adoptee to the putative father.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0330 - Assisted Search Program Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following individuals may request an
			 assisted search for a birth parent, a putative father, a genetic sibling of an
			 adoptee, or the county in which an adoption was finalized:
(a) An adult adoptee;
(b) An adoptive parent of a minor adoptee; or
(c) An adoptive parent of a
			 deceased adoptee.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0340 - Assisted Search Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Individuals requesting an assisted search
			 must submit the following:
(a) An application
			 on an approved form to the applicable registry. The Department may disclose the
			 applicable registry if it is unknown by the requester.
(b) Proof of registration for identifying
			 information with the registry; and
(c) A fee of $400 for the first individual
			 and $200 for each additional individual.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0350 - Standards of Conduct for a Registry

Current through Register Vol. 63, No. 7, July 1, 2024
A registry must do all of the following:
(1) Maintain accurate and complete records of
			 each search.
(2) Keep confidential
			 all adoption file information and all work product developed during an assisted
			 search process.
(3) Only contact
			 adoptees, birth family members, or adoptive family members under the provisions
			 of these rules.
(4) Act within
			 applicable statutory and administrative rules.
(5) Not contact, exert pressure, or in any
			 other way solicit an adoptee, adoptive parent or guardian, birth parent, or
			 putative father to register with the registry except as allowed in relation to
			 an assisted search.
(6) Accept fees
			 not exceeding those described these rules.
Stat. Auth.: ORS
				  109.506,
				  418.005
Stats. Implemented: ORS
				  109.425 -
				  109.507
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0355 - Standards for a Searcher

Current through Register Vol. 63, No. 7, July 1, 2024
Individuals or entities who perform assisted searches for a
				registry must do all of the following:
(1) Keep all information from sealed adoption
			 files and information obtained during an assisted search
			 confidential.
(2) Maintain accurate
			 and complete records of each search.
(3) Work within the boundaries of applicable
			 statutory and administrative rules.
(4) Avoid potential conflicts of interest in
			 conducting a search.
(5) Provide a
			 criminal background check demonstrating no record of criminal convictions
			 related to maintaining the integrity or confidentiality of records or child
			 abuse or other offenses involving minor children.
(6) Sign a statement of confidentiality that
			 outlines potential civil and criminal penalties for any disclosure of file
			 information to any one not expressly authorized in applicable statutes or
			 administrative rules.
Stat. Auth.: ORS
				  109.506,
				  418.005
Stats. Implemented: ORS
				  109.425 -
				  109.507
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0360 - Access to Registry Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 licensed adoption agency may examine adoption records maintained by the
			 Department as part of an assisted search.
(2) The Department may examine adoption
			 records maintained by a licensed adoption agency as part of an assisted search
			 if the licensed adoption agency so allows.
(3) Original file contents or copies of
			 confidential documents may not be removed from a registry.
(4) A searcher may not inspect any other
			 files of another registry except those directly related to the file of the
			 requester.
Stat. Auth.: ORS
				  109.506,
				  418.005
Stats. Implemented: ORS
				  109.425 -
				  109.507
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0365 - Confidentiality and Maintenance of Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All information acquired by the registry
			 must be confidential and be disclosed only as provided in these rules or
			 pursuant to a court order.
(2)
			 Registry files including work product from an assisted search must be
			 maintained permanently.
(3) If a
			 licensed adoption agency ceases to do business, the agency must transfer the
			 adoption records to the Department or a successor agency. If files are
			 transferred to a successor agency, the agency must tell the Department who has
			 the files.
Stat. Auth.: ORS
				  109.506,
				  418.005
Stats. Implemented: ORS
				  109.425 -
				  109.507
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0400 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507 & SB
				  1105
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0410 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OL 1993, Ch. 676
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0420 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0430 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005, ORS
				  109.506
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0440 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005, ORS
				  109.506
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507 & SB
				  1105
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0450 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005, ORS
				  109.506
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0455 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005, ORS
				  109.506
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507 & SB
				  1105
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0460 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  418.005, ORS
				  109.506
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507 & SB
				  1105
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0480 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: OL 1993, Ch. 676
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0490 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507 & SB
				  1105
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0500 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507 & SB
				  1105
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0510 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: HB 2004
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507 & SB
				  1105
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 130 - POST ADOPTION SERVICES › Section 413-130-0520 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.:
				  418.005, ORS
				  109.506
Stats. Implemented: ORS
				  109.425 - ORS
				  109.507 & SB
				  1105
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0000 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules (OAR 413-140-0000  to 413-140-0110)
				is to:
(1) Define the role of the
			 Department in an Oregon Non-Departmental adoption of a child;
(2) Provide appropriate Department procedures
			 regarding Non-Departmental adoptions in Oregon;
(3) Specify documents and information
			 required for Non-Departmental adoption waivers issued by the Department; and
(4) Specify fees applicable to the
			 completion of an independent adoption placement report.
Stat. Auth.: ORS
				  409.050,
				  418.005
Stats. Implemented: ORS
				  109.309,
				  109.311,
				  409.010
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 413-140-0000  to
				413-140-0110:
(1) "Adoption home
			 study" means a written report documenting the result of an assessment to
			 evaluate the suitability of an individual or individuals to adopt and make a
			 lifelong commitment to a child or children, conducted by a licensed adoption
			 agency, the Department, or - when authorized by under the law of another state,
			 country, or territory - another public agency, private individual, or
			 entity.
(2) "Bureau of Indian
			 Affairs (BIA)" means the U.S.
Department
of the Interior,
			 Bureau of
Indian
Affairs.
(3) "Certificate of approval" for the purpose
			 of an adoption home study is a document that:
(a) Is issued by an Oregon licensed adoption
			 agency, and
(b) Approves an
			 adoption home study and certifies that the prospective adoptive family has met
			 the requirements of OAR 413-140-0033.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0026 - Service of Petition for Adoption and Required Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Within 30 days
			 of filing an adoption petition with the court, the
petitioner
must serve a copy of the adoption petition and related documents, including any
			 amendments and attached exhibits, as described in OAR 413-140-0028  to 0030,
			 upon the
Department
as set forth in ORS 109.285(5)(a) and ORS
			 109.276.
(2) Documents initially
			 filed with the court must be delivered by registered or certified mail with
			 return receipt or by personal service to the following address: Oregon
			 Department of Human Services, Attention: Independent Adoptions, 500 Summer
			 Street NE, E-71, Salem, OR 97301-1066.
Statutory/Other Authority: ORS 109.276, ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  418.005,
				  ORS 109.285 & ORS
				  409.010
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0028 - ORICWA Requirements for Inquiry, Verification, Notice and Placement Preference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Inquiry
			 and Verification.
(a) The
petitioner
must inquire and document using Form 1270A,
			 Verification of American Indian/Alaska Native Membership or Enrollment for
			 Non-Departmental Adoptions, whether the
child
is or may be an
Indian child
.
(b)
			 The inquiry must include consultation with the
child
, the
			 child's parents, any
Indian Custodian
,
extended family
			 members
of the
child
, any person having custody of
			 the
child
or with whom the
child
resides, 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) The
			 child's tribal affiliation and
membership
or eligibility for
membership
;
(B)
			 Whether the
child
is or has been a ward of a
tribal
			 court
; and
(C) The
child
's or the child's parents' or Indian custodian's
domicile
.
(c) If, during the inquiry under section
			 (1)(a) of this rule, or at any time, the
petitioner
receives
			 information that the
child
is or may be an
Indian
			 child
under the
ORICWA
, the
petitioner
must gather detailed information from the
			 individuals identified in section (1)(a) of this rule regarding the child's
			 eligibility for tribal
membership
.
(d) A consenting parent's request for
			 anonymity does not relieve the court or any party in an adoption proceeding
			 from the duty to verify whether the
child
is an
Indian
			 child
.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0030 - Required Documentation

Current through Register Vol. 63, No. 7, July 1, 2024
The following documents are required to be submitted by the
				petitioner to the court pursuant to ORS 109.276(12)(a). The Department may
				consider any or all of the following documents in determining whether a waiver
				may be granted for the 90-day waiting period, adoption home study requirement
				or placement report:
(1) Petition for
			 adoption containing information as outlined in ORS 109.285 and Oregon Laws
			 2021. Ch. 398, Section 8(1), which must include, in part:
(2) Exhibits attached to petition in
			 accordance with ORS 109.285(3).
(3)
			 Unless waived by the
Department
, written evidence documenting
			 a current adoption home study and certificate of approval in accordance with
			 Child Welfare Policy I-G.4, "Non-Departmental Adoptions", OAR
			 413-140-0035.
(4) Unless waived by
			 the
Department
, a placement report in accordance with Child
			 Welfare Policy I-G.4, "Non-Departmental Adoptions", OAR 413-140-0040.
(5) The Adoption Summary and Segregated
			 Information Statement as outlined in ORS 109.287(1).
(6) Exhibits attached to the Adoption Summary
			 and Segregated Information Statement in accordance with ORS
			 109.287(2).
Statutory/Other Authority: ORS 109.276, ORS
				  409.050 & ORS
				  418.005
Statutes/Other Implemented: ORS
				  109.092,
				  ORS
				  109.094,
				  ORS
				  109.096,
				  ORS
				  109.239,
				  ORS
				  109.243,
				  ORS 109.276, ORS 109.281, ORS 109.301, ORS 109.285, ORS 109.287, ORS
				  109.326,
				  ORS
				  109.330,
				  ORS
				  109.342,
				  ORS
				  109.353,
				  ORS
				  109.385,
				  ORS
				  109.400, ORS
				  109.450,
				  ORS
				  109.701 to
				  109.784,
				  ORS
				  409.010  & ORS
				  417.200
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0031 - Actions Performed by the Department upon Receipt of an Adoption Petition

Current through Register Vol. 63, No. 7, July 1, 2024
Following receipt of an adoption petition:
(1) The Department will review the adoption
			 petition, along with accompanying documentation to determine whether a
			 placement report is required under ORS 109.276(8)(a)(A) and OAR 413-140-0032(3)
 
			 and, when applicable, will assign the placement report as outlined in
			 413-140-0040.
(2) Within 90 days of
			 the
Department's
receipt of the filed petition or amended
			 petition, the
Department
must file an
ICWA Compliance
			 Report
to document the
Department's
determination of
			 whether information submitted by the
petitioner
is sufficient
			 and complete for the court to make the
ORICWA
findings
			 required per ORS 109.278(2).
(3)
			 After receipt of the court's determination regarding the applicability of
ORICWA
, the
Department
will provide written
			 notification to the court and the
petitioner
indicating:
(a) The Department's determination regarding
			 any waivers that have been requested in accordance with OAR
			 413-140-0032;
(b) When applicable,
			 information regarding the assignment of a placement report; and
(c) Other considerations regarding
			 documentation required to be served upon the
Department
pursuant to ORS 109.285(5)(a).
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0032 - Waivers the Department May Issue

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Waiver of the 90-day waiting period.
(a) In
			 accordance with ORS 109.276(10), the
Department
may waive the
			 required 90-day waiting period for an adoption.
(b) Upon receipt of the adoption petition and
			 accompanying documents, the
Department
will review and
			 consider all items listed in OAR 413-140-0028  and OAR 413-140-0030  when
			 determining whether to waive the required 90-day waiting period.
(c) The
Department
will
			 provide written notification regarding the determination of the 90-day waiver
			 request to the court, petitioner and, when applicable, the Oregon licensed
			 adoption agency involved.
(d) The
Department
may reconsider the initial determination of the
			 90-day waiver request provided:
(A) All
			 remaining items outlined in the
Department's
prior written
			 notification have been sufficiently addressed; and
(B) The required 90-day waiting period has
			 not expired.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0033 - Minimum Standards for Adoptive Homes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department is authorized under ORS
			 109.276(7)(a) to set forth the minimum standards for adoptive homes.
(2) Minimum standards for an adoptive home
			 that must be addressed in a written adoption home study include:
(a) Approved background checks in accordance
			 with OAR 413-140-0065  for all adult household members;
(b) Documented completion of minimum
			 pre-adoption training required under Child Welfare Policy II-C.1.3, "Licensing
			 Adoption Agencies", OAR 413-215-0456, or by the Department of State under the
			 Inter-Country Adoption Act of 2000 (42
			 USC 14923), 22
			 CFR 96.48, when applicable; and
(c) Evidence that the adoptive applicant
			 demonstrates the following:
(A) Capability to
			 meet the child's specific emotional and physical needs;
(B) Ability to ensure the safety of the child
			 being sought for adoption;
(C)
			 Financial ability within the household to ensure the stability and financial
			 security of the family;
(D)
			 Understanding that adoption is a lifelong commitment to provide a safe and
			 permanent family for a child not born to them; and
(E) Consideration of the benefits and
			 challenges of open adoption and the various levels of openness in the adoption
			 plan, as applicable.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0035 - Adoption Home Study

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 waived by the Department in accordance with OAR 413-140-0032, an adoption home
			 study is required for the filing of a petition for the adoption of a child in
			 Oregon.
(2) For the purpose of
			 private agency and independent adoptions, an adoption home study must have a
			 certificate of approval issued by an Oregon licensed adoption agency.
(3) Prior to issuing a certificate of
			 approval, the Oregon licensed adoption agency is responsible for ensuring that:
(a) The adoption home study meets criteria
			 outlined in section (7) of this rule; and
(b) Verification is received that the private
			 individual, entity or licensed adoption agency that completed the adoption home
			 study is authorized to perform adoption services under the laws of the state,
			 country or territory where the prospective adoptive parents reside.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0040 - Placement Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 waived by the Department under OAR 413-140-0032, a placement report must be
			 completed after the filing of an adoption petition and after the placement of a
			 child in the adoptive home.
(2)
			 Placement Report Assignment and Format.
(a)
			 Within 30 days of receipt of an adoption petition, the court's finding as to
			 whether the child being adopted is an
Indian child,
and when
			 applicable, the placement report fee as indicated in OAR 413-140-0047, the
			 Department must:
(A) Assign the completion of
			 the placement report to one of the following:
(i) A contracted adoption agency for an
			 independent adoption;
(ii) The
			 Oregon licensed adoption agency that has authority to give consent in loco
			 parentis to the private agency adoption; or
(iii) For a private agency adoption involving
			 an out-of-state licensed adoption agency, the Oregon licensed adoption agency
			 completing the certificate of approval.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0047 - Fees for the Placement Report and Certificate of Approval

Current through Register Vol. 63, No. 7, July 1, 2024
Fees associated with the adoption of a minor child must be
				charged in accordance with ORS 109.281. The Department sets forth the following
				fee for an independent adoption placement report:
(1) Unless the fee is waived under section
			 (2) of this rule, the assignment and completion of a placement report for an
			 independent adoption may be charged at a maximum rate of $800 per report. The
			 fee must be:
(a) Paid by the petitioner in
			 check or money order directly to the Department; and
(b) Submitted within 30 days of service of
			 the petition on the Department.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0065 - Background Checks for Consideration of Home Study Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Before the Department may approve a
			 request for waiver of an adoption home study, the following background check
			 requirements must be met:
(a) For a
			 petitioner residing in Oregon, except as described in section (3) of this rule,
			 each adopting petitioner and all adult members of the petitioner's household
			 must provide documentation of required background checks as follows:
(A) A criminal history check from the Oregon
			 State Police, using Form CF249g, Request for Oregon Criminal History
			 Information; and
(B) When the
			 petitioner has resided outside of Oregon for a period of more than sixty
			 consecutive days in the last five years:
(i) A
			 criminal history check from the Federal Bureau of Investigation (FBI);
			 and
(ii) A child abuse and neglect
			 registry check from an authorized agency of each state or country where the
			 individual has lived in the preceding five years immediately prior to the
			 petitioner's request to waive the adoption home study
			 requirement.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 140 - INDEPENDENT ADOPTION SERVICES › Section 413-140-0110 - Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
Adoption records contain confidential information. The
				Department may only disclose confidential information relating to an adoption
				as follows:
(1) As provided in Child
			 Welfare Policies I-A.3.2, "Confidentiality of Client Information", OAR
			 413-010-0000  to 413-010-0075; I-G.3.3, "Adoption Registry", OAR 413-130-0300  to
			 413-130-0360; and I-G.3.4, "Assisted Search Program", OAR 413-130-0400  to
			 413-130-0520; or
(2) As otherwise
			 authorized by law.
Stat. Auth.: ORS
				  409.050,
				  418.005
Stats. Implemented: ORS
				  409.010,
				  418.005
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 200 - RESOURCE HOME CERTIFICATION › Section 413-200-0260 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR chapter 413, division
				200.
(1) "Adoptive resource" means an
			 individual or individuals selected by the Department, another public child
			 welfare agency, or a licensed adoption agency as the adoptive family for a
			 child where no administrative review was requested within the timeframe allowed
			 for such a request, or if a review was requested, the selection has been
			 sustained by that review and the review is complete.
(2) "Age-appropriate or developmentally
			 appropriate activities" means:
(a) Activities
			 or items that are generally accepted as suitable for children or young adults
			 of the same chronological age or level of maturity or that are determined to be
			 developmentally appropriate for a child or young adult, based on the
			 development of cognitive, emotional, physical, and behavioral capacities that
			 are typical for an age or age group; and
(b) In the case of a specific child or young
			 adult, activities or items that are suitable for the child or young adult based
			 on the developmental stages attained by the child or young adult with respect
			 to the cognitive, emotional, physical, and behavioral capacities of the child
			 or young adult.
Oregon Administrative Rules › Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS › Division 200 - RESOURCE HOME CERTIFICATION › Section 413-200-0270 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 OAR 413-200-0270  to 413-200-0298  is to describe the activities of the
Department
related to:
(a)
			 Certification of a
relative caregiver
or
foster
			 parent
, and assessment of a potential
adoptive
			 resource
;
(b) Monitoring
			 compliance of a
certified family
with the certification
			 standards in OAR 413-200-0301  to 413-200-0396; and
(c) Renewal of a
certified
			 family
and reopening of a previously
certified
			 family
.
(d) Disclosure of
			 information about an
applicant
or
certified
			 family
.