OAR 413-130-0130
Post Judgment of Adoption Applications for Adoption Assistance
(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.(2)
Upon receipt of the written request, the Department must determine, within 30 calendar days, whether the child meets Title IV E eligibility requirements.(3)
The Department may review and provide an adoptive family historic information regarding the child to assist in the request and determination regarding eligibility for adoption assistance:(a)
Following receipt of a request from the adoptive parents for non-identifying information from the adoption registry as provided by ORS 109.425 (Definitions for ORS 109.425 to 109.507) through 109.507 (Access to Department of Human Services records required);(b)
Following receipt of a court order to review and release records from the sealed adoption file; or(c)
As otherwise allowed under OAR 413-010-0065 (Discretionary Disclosure).(4)
When a child is Title IV-E eligible, a decision is made through a contested case hearing on whether the adoptive family may apply for adoption assistance after the judgment of adoption based on the extenuating circumstances in section (1) of this rule:(a)
The Adoption Assistance and Guardianship Assistance Coordinator must write a summary of the situation and submit a hearing referral and supporting documentation to the Office of Administrative Hearings within 45 calendar days of receipt of the request in section (1) of this rule.(b)
An adoptive family has the burden of proof to show that extenuating circumstances exist. The Department may provide corroborating facts to both the adoptive family and the administrative law judge.(c)
The contested case hearing is conducted under OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time) to 413-010-0535 (Proposed and Final Orders).(5)
When a child does not meet Title IV E eligibility requirements, the Post Adoption Services Program Manager determines if extenuating circumstances under section (1) of this rule exist that justify accepting an adoption assistance application from the adoptive family.(a)
The Adoption Assistance and Guardianship Assistance Coordinator must prepare information for review by the Post Adoption Services Program Manager including information submitted by both the adoptive family and Department records.(b)
A written finding will be sent to the adoptive family within 60 calendar days of the receipt of the request for review.(c)
When the Post Adoption Services Program Manager finds that extenuating circumstances do not exist, the adoptive family may request a contested case hearing under OAR 413-010-0500 (Purpose, Right to Request Hearing, Applicable Rules, and Computation of Time) to 413-010-0535 (Proposed and Final Orders).(A)
The administrative law judge in the contested case hearing reviews whether the adoptive family may submit an application for adoption assistance.(B)
The approval of the adoption assistance application is a separate determination made by the Department.(6)
When the decision, through a contested case hearing or Post Adoption Services Program Manager review, is that the adoptive family is eligible to apply for adoption assistance on behalf of the child, an adoption assistance application may be signed, effective the date of the written request described in section (1) of this rule. The process for application in OAR 413-130-0050 (Adoption Assistance Application Requirements and Responsibilities) and negotiation in OAR 413-130-0070 (Negotiation and Determination of the Monthly Adoption Assistance Payment) apply.
Source:
Rule 413-130-0130 — Post Judgment of Adoption Applications for Adoption Assistance, https://secure.sos.state.or.us/oard/view.action?ruleNumber=413-130-0130.