OAR 413-120-0246
Standards for an Adoptive Home and Release of an Adoption Home Study


(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 (Purpose and Applicability of Certification Standards) to 413-200-0396 (Requirements Regarding Contested Case Hearings);

(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 (Adoption Agencies: What Law Applies) to 413-215-0481 (Adoption Agencies: Services to Children from the United States Placed in Other Countries);

(C)

An out-of-state agency under OAR 413-040-0200 (The Interstate Compact on the Placement of Children (ICPC) -- History and Purpose) to 413-040-0330; or

(D)

An agency in another country under OAR 413-120-0900 (Purpose) to 413-120-0970 (Hague Custody Declarations).

(b)

Meet the Department’s standards for adoptive homes by demonstrating the knowledge, skills, and ability to meet, without agency oversight, the current and lifelong needs of the child for all of the following:

(A)

Physical and emotional safety and well-being;

(B)

Developing and maintaining connections to the child’s family;

(C)

Continuity and familiarity;

(D)

Appropriate social, educational, developmental, emotional, and physical support;

(E)

Integration into the family;

(F)

Stability and permanency; and

(G)

Maintaining his or her identity, cultural, religious, and spiritual heritage.

(c)

Provide evidence of successful completion of a training program approved by the Department, unless the Adoption Program Manager has approved an alternate training program.

(2)

In the case of an individual or individuals residing in a state that does not complete an adoption home study prior to a child being placed with the individual or individuals or prior to the child being legally free for adoption:

(a)

The Child Permanency Program may approve a foster home study or a relative study as an adoption home study for the purpose of adoption placement selection only as long as all other requirements of subsections (1)(a), (b), and (c) of this rule are met.

(b)

An approved adoption home study must be completed prior to designation of the child’s placement for the purpose of adoption.

(3)

Release of an adoption home study. An adoption home study is considered confidential information and, when released under this rule must have a signed, valid release of information from each applicant who is a subject of the adoption home study.

(a)

The Department may release a copy of the adoption home study to:

(A)

An adoption applicant who is a subject of the adoption home study;

(B)

Individuals involved in the adoption placement selection process, under OAR 413-120-0021 (Adoption Placement Selection by Caseworker) and 413-120-0035 (Invitation to and Notification of Adoption Committee);

(C)

The court for the purposes of finalizing an adoption; and

(D)

A public agency upon the written request of an applicant who is a subject of the adoption home study.

(b)

A Child Welfare Program Manager must approve the release of an adoption home study requested for a purpose other than those listed in subsection (a) of this rule.

(c)

An individual receiving a copy of an adoption home study must keep the information contained therein confidential.

(d)

Before releasing an adoption home study, the Department must redact or summarize information, when necessary, to prevent the identification of individuals, other than the applicants, who provided information for the adoption home study.

(e)

When an agency or entity other than the Department completes the adoption home study, the Department must receive approval from the agency or entity that completed the adoption home study before release.

Source: Rule 413-120-0246 — Standards for an Adoptive Home and Release of an Adoption Home Study, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-120-0246.

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 413-120-0246’s source at or​.us