OAR 413-120-0115
Procedures

(1)

When adoption assistance has been approved, and the adoptive parents decide to use a “qualified vendor” attorney, the Adoption Assistance staff send the family a Qualified Vendor Agreement and the Qualified Vendor Attorney List. The family and the attorney must sign the Qualified Vendor Agreement and return it to the central Adoptions Services Unit. Upon receipt of the adoption decree, the adoption assistance staff will prepare the request to reimburse the attorney in accordance with the Department’s contract with the attorney.

(2)

If the adoptive parents choose to use an attorney who is not on the Qualified Vendor Attorney List, the adoption assistance staff will send the adoptive parents a Non Vendor Agreement. The adoptive parents must sign the agreement and return it to the Adoption Services Unit. Upon receipt of the adoption decree, the adoption assistance staff will reimburse the adoptive parents at the same rate as for a vendor attorney. The adoptive parents are responsible for any additional charges billed by the attorney and are responsible to reimburse the attorney for those charges.

(3)

Department employees may not recommend an attorney to serve as counsel for the prospective parents.

(4)

When the central office Adoptions Services Unit has received the request for consent to the adoption and the vendor or non-vendor agreement, the adoption assistance is in place, and the Legal Assistance Specialist has given approval, the Adoptions Services Unit will prepare the consent to be signed by the Adoption Services Manager or another person designated by the Assistant Director for Children, Adults and Families. In addition to the Consent to the Adoption, the Department’s Adoption Services Unit will provide the adoptive parents or their attorney with the following documents to be filed with the petition:

(a)

A certified copy of the court orders or the original release and surrender documents which show that the Department has permanent custody of the child and the authority to consent to the child’s adoption.

(b)

ICWA correspondence, if applicable.

(c)

Statement of verification that the birth parents and the petitioners have been advised of the voluntary adoption registry.

(d)

Documentation regarding compliance with the Interstate Compact on Placement of Children, if applicable.

(e)

A copy of a signed legally enforceable Post Adoption Communication Agreement, if available.

(f)

Affidavits, if applicable.

(5)

After receiving the documents listed in (4), the Department will send the Consent to Adopt to the attorney for the adoptive family. Within 30 calendar days of the date the Department sends the Consent to Adopt, the attorney must file the petition (unless a petition is not required under ORS 419.B529). After the central office Adoptions Services Unit receives a copy of the petition filed with the court, the Department will provide the court with the written court report waiving the 90-day waiting period.

(6)

After the Department sends the Consent to Adopt to the attorney, the attorney prepares the petition if required and files it with the court, and the Department sends the written court report to the court, the attorney must, within 30 days following the court’s receipt of the report to the court, prepare a decree and send it to the court or schedule an Adoption Ceremony.

(7)

The court granting the adoption decree will provide the central office Adoption Services Unit with a copy of the adoption decree.

Source: Rule 413-120-0115 — Procedures, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-120-0115.

413‑120‑0000
Definitions 413‑120‑0010
Purpose 413‑120‑0016
Confidentiality 413‑120‑0020
Adoption Placement Selection Options 413‑120‑0021
Adoption Placement Selection by Caseworker 413‑120‑0025
Composition of an Adoption Committee 413‑120‑0035
Invitation to and Notification of Adoption Committee 413‑120‑0053
The Adoption Committee 413‑120‑0057
Adoption Placement Selection, Notification, and Documentation 413‑120‑0060
Review of the Adoption Placement Selection 413‑120‑0100
Purpose 413‑120‑0110
Values 413‑120‑0115
Procedures 413‑120‑0142
Purpose 413‑120‑0145
Values 413‑120‑0155
Conditions for Not Filing a Petition for Adoption 413‑120‑0160
Right to Use Expedited Process 413‑120‑0165
Requirements Prior to Proceeding to Legalization of the Adoption 413‑120‑0170
Attorney Fees 413‑120‑0175
Court Filing Requirements 413‑120‑0190
Purpose 413‑120‑0220
Adoption Application Requirements 413‑120‑0222
Conflict of Interest for Adoptive Applicants 413‑120‑0225
Conditions that Require Additional Approval or Termination of the Department’s Adoption Application Process 413‑120‑0240
Status Notification of Adoption Applications 413‑120‑0243
Prioritization of an Adoption Home Study Application 413‑120‑0246
Standards for an Adoptive Home and Release of an Adoption Home Study 413‑120‑0400
Purpose 413‑120‑0440
Circumstances in which a Criminal Records Check Must Occur and Types of Records Checks Required 413‑120‑0450
Disqualifying and Potentially Disqualifying Criminal Convictions 413‑120‑0455
Potentially Disqualifying Arrests 413‑120‑0457
Weighing Test 413‑120‑0460
Contesting a Fitness Determination 413‑120‑0475
Record Keeping, Confidentiality 413‑120‑0600
Purpose 413‑120‑0620
Values 413‑120‑0625
Roles and Responsibilities 413‑120‑0628
Criteria for Using the Cooperative Adoption Mediation Process 413‑120‑0630
Post Adoption Communication Agreements (PACAs) 413‑120‑0635
Cooperative Adoption Planning Through Legal Assistance Mediation Services 413‑120‑0700
Purpose 413‑120‑0720
Department Efforts to Place with Relatives, Current Caretakers and to Place Siblings Together 413‑120‑0730
Order of Preference for Identification of Potential Adoptive Resources 413‑120‑0735
Current Caretaker or Relative Caregiver Request for an Adoption Home Study 413‑120‑0750
Recruitment Efforts 413‑120‑0760
Identification of a Child’s Potential Adoptive Resources 413‑120‑0800
Purpose 413‑120‑0830
Department Actions Prior to Placement 413‑120‑0840
Early Adoption Transition 413‑120‑0860
Placement and Post-placement Supervision 413‑120‑0870
Disruption 413‑120‑0880
No Delay in Placement 413‑120‑0900
Purpose 413‑120‑0910
Duty to Provide Information to Convention Case Registry 413‑120‑0920
Adoption of a Child Immigrating to the United States (Incoming Convention Adoption) 413‑120‑0925
Adoption of a Child Emigrating from the United States (Outgoing Convention Adoption) 413‑120‑0930
Transition, Travel, Placement, and Registration Requirements 413‑120‑0940
Post-Placement Supervision 413‑120‑0945
Finalization and Post-Finalization Duties 413‑120‑0950
Adoption Assistance 413‑120‑0960
Disclosure to the Adoptive Family 413‑120‑0970
Hague Custody Declarations
Last Updated

Jun. 8, 2021

Rule 413-120-0115’s source at or​.us