OAR 413-120-0628
Criteria for Using the Cooperative Adoption Mediation Process
(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 (Criteria for Using the Cooperative Adoption Mediation Process)(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.
Source:
Rule 413-120-0628 — Criteria for Using the Cooperative Adoption Mediation Process, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-120-0628
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