OAR 413-115-0110
Consent to Termination of Parental Rights and Voluntary Relinquishment of Parental Rights
(1)
The Department may accept consent for termination of parental rights or voluntary relinquishment of parental rights from the parent of an Indian child if:(a)
The Department is pursuing adoption;(b)
The child is more than ten days old;(c)
The voluntary consent is executed in writing and recorded before a judge in the appropriate jurisdiction; and(d)
The judge certifies in writing that the terms and consequences of the consent were fully explained in detail on the record and that certification complies with section (2) of this rule.(2)
Court Hearing on Consent. The Department must obtain consent from the parent for the termination of parental rights or voluntary relinquishment of parental rights in court. For the consent to be valid, the court must certify on the record that the terms and consequences of the consent to termination of parental rights or voluntary relinquishment of parental rights were:(a)
Explained in detail, in English (or the language of the parent, if English is not the primary language); and(b)
Fully understood by the parent.(3)
The signed consent to termination of parental rights or voluntary relinquishment of parental rights must, at a minimum, contain:(a)
The name and birthdate of the Indian child;(b)
The name of the child’s tribe;(c)
The child’s and parents’ enrollment numbers, if known, or other indication of the child’s membership in the tribe; and(d)
The name and address, and other identifying information of the consenting parent.(4)
Request for Anonymity. A parent’s request for anonymity does not relieve the Department from any duty of compliance with the ICWA, including the obligation to verify whether the child is an Indian child.(5)
Withdrawal of Consent.(a)
Termination of parental rights. The parent may withdraw consent to the termination of parental rights of an Indian child for any reason at any time prior to the entry of the final order for termination of parental rights, and have the child returned as soon as practicable.(b)
Voluntary relinquishment of parental rights. The parent may withdraw consent to a voluntary relinquishment of parental rights of an Indian child for any reason at any time prior to the entry the decree of adoption, and have the child returned as soon as practicable.(c)
If the parent withdraws consent to the termination of parental rights or voluntary relinquishment of parental rights, and the Department believes the child should not be returned to the custody of the parent because of an imminent threat of physical damage or harm to the child, the Department may initiate a child custody proceeding to petition the court to retain custody of the child.
Source:
Rule 413-115-0110 — Consent to Termination of Parental Rights and Voluntary Relinquishment of Parental Rights, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-115-0110.