OAR 413-215-0476
Adoption Agencies: Intercountry Adoptions

In addition to the requirements for adoption agencies in 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) other than OAR 413-215-0431 (Records Requirements for Adoptions)(1) - (2), 413-215-0441 (Services for Birth Parents Considering Domestic Adoption), 413-215-0456 (Adoption Agencies: Information, Education, and Training for Adoptive Parents)(4)(a)(E), and 413-215-0466 (Adoption Agencies: Domestic Adoptive Placement Requirements), an adoption agency approved to provide intercountry adoptions must meet all of the following standards with regard to intercountry adoptions:

(1)

Compliance with foreign law.

(a)

The adoption agency must comply with the laws and regulations of the sending country.

(b)

The adoption agency must make reasonable efforts to learn and understand legal and procedural adoption requirements in the sending country.

(c)

The adoption agency must establish written policies and procedures designed to fulfill and comply with the legal requirements, adoption laws, and adoption procedures of the sending country.

(d)

The adoption agency must train its employees and volunteers about the adoption laws and procedures of the sending country.

(2)

Compliance by foreign representatives. If the adoption agency uses an organization or person in the foreign country to facilitate adoption services within the foreign country, the adoption agency must make reasonable efforts to see that the organization or person meets all of the following requirements:

(a)

Fully complies with all adoption and other laws and procedures of the sending country.

(b)

Is licensed or otherwise authorized to provide the contemplated adoption services within the sending country.

(c)

Does not engage in practices that are not in the best interests of the child or that encourage or facilitate the sale, abduction, exploitation, or trafficking of children.

(d)

Does not have a pattern of licensing suspensions or other sanctions within the foreign country and has not lost the right to provide adoption services in any jurisdiction for reasons associated with unlawful or unethical service.

(e)

Provides full disclosure to the adoption agency regarding any suspension, debarment, sanction, criminal charge, or disciplinary action against the organization or person, or any person serving with the organization, related to adoption services or financial dealings within the past 10 years.

(f)

Provides full disclosure to the adoption agency of business activities performed by or engaged in by employees or affiliates of the foreign representative that are inconsistent with the principles of these rules or the Intercountry Adoption Act of 2000, 42 U.S.C. 14901 to 14954.

(3)

Pre-placement determination of compliance. Before a child can be placed for adoption, the adoption agency must determine that the adoption service or person authorized by the sending country has certified that:

(a)

The child is qualified for adoption and is in the permanent custody of an authorized organization or person in the sending country.

(b)

The authorized service or person has obtained proof from a competent authority in the child’s country of origin that the necessary consents to the child’s adoption have been obtained and that the necessary determination has been made that the prospective placement is in the best interests of the child.

(c)

The child has the proper emigration and immigration permits.

(d)

The authorized service or person has the child’s social and medical history or, if either is not available, has documented adequate reasons why the adoption agency was not able to obtain the information.

(4)

Child information requirements. The adoption agency must use reasonable efforts, or require the authorized organization or person in the child’s country of origin to make reasonable efforts, to obtain and provide all available information concerning a child referred for adoption, if known to the adoption agency or foreign representative, including the all of following:

(a)

The date an authorized authority in the sending country took custody of the child and the reasons why the child is in custody.

(b)

Information concerning the child’s history, including a chronology showing the persons and institutions that have had custody of and cared for the child, the nature of care provided, and the reasons for transferring custody.

(c)

Information concerning the child’s immediate family, including current status and location of the birth parents and siblings of the child; history of abuse, neglect, or mistreatment of the child; history of alcohol and drug abuse by the birth parents; hereditary conditions; and other risk factors.

(d)

Information concerning the child’s cultural, racial, religious, ethnic, and linguistic background.

(e)

The child’s medical information, including all of the following:

(A)

All medical records, including both summaries or compilations of medical records and original records.

(B)

Information resulting from medical examinations of the child.

(C)

A history of significant illnesses or medical events, hospitalizations, and changes in the child’s condition, growth data, and developmental status at the time of the child’s referral for adoption.

(f)

Videotapes and photographs of the child, identified by the date on which the videotape or photograph was recorded or taken.

(g)

Specific information regarding health risks in the specific region or country where the child resides.

(5)

An adoption agency must provide the information described in section (4) of this rule to prospective adoptive parents regarding a child referred for adoption as follows:

(a)

The information must be provided at least two weeks before the earliest of the following:

(A)

The adoption or placement for adoption.

(B)

The date on which the prospective adoptive parents travel to the sending country to complete procedures relating to the adoption.

(b)

To the extent the matter is within its control, the adoption agency may not withdraw the referral of a child until the prospective adoptive parents have had at least one week to consider the needs of the child and their ability to meet those needs, and to obtain medical review of child information. The adoption agency may withdraw the referral earlier if the best interests of the child require a more expedited decision.

(c)

The information must be provided in both the original language, if available, and in English. The adoption agency must do nothing to discourage prospective adoptive parents from obtaining their own translation of the information.

(6)

An adoption agency must document in its adoption file all of the following:

(a)

The efforts of the adoption agency to obtain the information.

(b)

Reasons why the adoption agency was not able to obtain the information, if applicable.

(c)

All communications made with prospective adoptive parents regarding the information, including contents of, dates, and the manner in which the information was provided to the prospective adoptive parents.

(7)

With regard to post-placement and post-legalization requirements and services, an adoption agency must meet all of the following requirements:

(a)

The adoption agency must take all appropriate measures to ensure that the transfer of the child takes place in secure and appropriate circumstances, with properly trained and qualified escorts, if used, and, if practicable, in the company of the adoptive parents.

(b)

Until the adoption is finalized, the adoption agency must provide post-placement reports on a child to the sending country when required by the sending country. When such reports are required, the adoption agency:

(A)

Must inform the prospective adoptive parents of the requirement prior to the referral of the child for adoption; and

(B)

Must inform the prospective adoptive parents that they will be required to provide all necessary information for the reports.

(c)

For children sent to the United States, in addition to post-placement reports required by the sending country, the adoption agency must require at least one home visit with all persons living in the adoptive home between one and four months after the child’s arrival in the United States. Home visits must be documented in a post-placement report that includes all of the following issues:

(A)

The status and adjustment of each child in the adoptive home.

(B)

The status and adjustment of the prospective adoptive parents and other adoptive family members to each child placed in the home.

(C)

A summary of the information obtained concerning the birth parents and the available social, medical, and genetic history of each child placed in the home.

(d)

If an adoption or re-adoption is sought in Oregon, the original post-placement report, along with recommendations, must be filed by the adoption agency with the court and a copy forwarded to the department.

(e)

The adoption agency must inform the prospective adoptive parents of other available post-placement services and resources, including all of the following:

(A)

Additional home visits, office visits, telephone conferences, and other contacts with the personnel of the adoption agency.

(B)

Other professionals, organizations, and groups that provide support and information for adoptive parents of children adopted internationally.

(f)

When an adoption is not finalized in the sending country, the adoption agency must meet all of the following requirements:

(A)

Monitor and supervise the placement to ensure that the placement remains in the best interests of the child.

(B)

Inform prospective adoptive parents of the importance of finalizing the adoption in the United States and contractually require the prospective adoptive parents to finalize the adoption in the United States within a specified period after receiving the consent of the adoption agency for adoption.

(C)

Advise adoptive parents regarding the means of obtaining proof of citizenship for the child and the process for obtaining a social security number.

Source: Rule 413-215-0476 — Adoption Agencies: Intercountry Adoptions, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=413-215-0476.

413–215–0000
Definitions 413–215–0001
Licensing Umbrella Rules: Regulation of Child-Caring Agencies 413–215–0011
Licensing Umbrella Rules: Requirement to Obtain and Comply with License 413–215–0016
Licensing Umbrella Rules: Requirements Related to Corporation Status 413–215–0021
Licensing Umbrella Rules: Governance 413–215–0026
Licensing Umbrella Rules: Financial Management 413–215–0031
Licensing Umbrella Rules: Respect of Children in Care 413–215–0036
Licensing Umbrella Rules: Conflict of Interest 413–215–0041
Licensing Umbrella Rules: Code of Ethics 413–215–0046
Licensing Umbrella Rules: Children and Families Rights Policy and Grievance Procedures 413–215–0051
Licensing Umbrella Rules: Resources Required 413–215–0056
Licensing Umbrella Rules: Policies and Procedures 413–215–0061
Licensing Umbrella Rules: Personnel 413–215–0066
Licensing Umbrella Rules: Privacy 413–215–0071
Licensing Umbrella Rules: Records and Documentation 413–215–0076
Licensing Umbrella Rules: Discipline, Behavior Management, and Suicide Prevention (Excluding Adoption Agencies) 413–215–0079
Licensing Umbrella Rules: Safety 413–215–0081
Licensing Umbrella Rules: Application for License, Renewal, or to Add a Program 413–215–0086
Licensing Umbrella Rules: Issuance of License 413–215–0091
Licensing Umbrella Rules: Responsibilities of Licensees 413–215–0101
Licensing Umbrella Rules: Periodic Inspections 413–215–0106
Licensing Umbrella Rules: Investigation of Complaints 413–215–0111
Licensing Umbrella Rules: Corrective Actions 413–215–0116
Licensing Umbrella Rules: Civil Penalties 413–215–0121
Licensing Umbrella Rules: Denial, Suspension, or Revocation of License and Placing Conditions on a License 413–215–0126
Licensing Umbrella Rules: Temporary, Inactive, and Amended Licenses 413–215–0131
Licensing Umbrella Rules: Exceptions 413–215–0136
Licensing Umbrella Rules: Notifications Involving a Child-caring Agency 413–215–0201
Academic Boarding Schools: What Law Applies 413–215–0211
Academic Boarding Schools: Educational Services 413–215–0216
Academic Boarding Schools: Physical Plant Requirements 413–215–0218
Academic Boarding Schools: Room and Space Requirements 413–215–0221
Academic Boarding Schools: Furnishings and Personal Items for Children in Care 413–215–0226
Academic Boarding Schools: New Facility or Remodel 413–215–0231
Academic Boarding Schools: Environmental Health 413–215–0236
Academic Boarding Schools: Food Services 413–215–0241
Academic Boarding Schools: Safety 413–215–0246
Academic Boarding Schools: Health Services 413–215–0251
Academic Boarding Schools: Medication 413–215–0261
Academic Boarding Schools: Minimum Staffing Requirements 413–215–0266
Academic Boarding Schools: Separation of Children 413–215–0271
Academic Boarding Schools: Consents, Disclosures, and Authorizations 413–215–0276
Academic Boarding Schools: Information about Children in Care 413–215–0301
Foster Care Agencies, What Law Applies 413–215–0311
Foster Care Agencies: License Requirements 413–215–0313
Foster Care Agencies: Personal Qualifications Required for Approved Proctor Foster Parents 413–215–0316
Foster Care Agencies: Assessment and Approval of Proctor Foster Homes 413–215–0318
Foster Care Agencies: Standards for the Proctor Foster Home Environment 413–215–0321
Foster Care Agencies: Orientation for Proctor Foster Home Applicants 413–215–0326
Foster Care Agencies: Training for Parents in Proctor Foster Care 413–215–0331
Foster Care Agencies: Annual Review and Approval 413–215–0336
Foster Care Agencies: Complaints about Proctor Foster Homes 413–215–0341
Foster Care Agencies: Closures of Proctor Foster Homes 413–215–0349
Foster Care Agencies: Notifications Required of Proctor Foster Home Parents 413–215–0351
Foster Care Agencies: Records of Proctor Foster Homes 413–215–0356
Foster Care Agencies: Placement of a Child with a Proctor Foster Home 413–215–0361
Foster Care Agencies: Documentation Required When a Foster Care Agency Changes a Placement 413–215–0366
Foster Care Agencies: Respite Care 413–215–0371
Foster Care Agencies: Training of Foster Care Agency Staff 413–215–0376
Foster Care Agencies: Health Services 413–215–0381
Foster Care Agencies: Medication 413–215–0386
Foster Care Agencies: Referral and Initial Evaluation of Children in Care 413–215–0391
Foster Care Agencies: Consents, Disclosures, and Authorizations 413–215–0396
Foster Care Agencies: Information About Children in Care Placed in Physical Custody of the Foster Care Agency 413–215–0401
Adoption Agencies: What Law Applies 413–215–0411
Adoption Agencies: Information and Reporting Requirements of an Adoption Agency 413–215–0416
Adoption Agencies: Adoption Agency Staff 413–215–0421
Adoption Agencies: Staff Training Requirements 413–215–0426
Policies and Procedures for Adoption Agencies 413–215–0431
Records Requirements for Adoptions 413–215–0436
Adoption Agencies: Services Prohibited 413–215–0441
Services for Birth Parents Considering Domestic Adoption 413–215–0446
Adoption Agencies: Adoptive Family Recruitment and Screening 413–215–0451
Adoption Agencies: Adoptive Home Requirements 413–215–0456
Adoption Agencies: Information, Education, and Training for Adoptive Parents 413–215–0461
Adoption Agencies: Evaluation and Selection of Adoptive Family 413–215–0466
Adoption Agencies: Domestic Adoptive Placement Requirements 413–215–0471
Adoption Agencies: Adoption Finalization Requirements 413–215–0476
Adoption Agencies: Intercountry Adoptions 413–215–0481
Adoption Agencies: Services to Children from the United States Placed in Other Countries 413–215–0501
Residential Care Agencies: What Law Applies 413–215–0511
Residential Care Agencies: Physical Plant Requirements 413–215–0516
Residential Care Agencies: Room and Space Requirements 413–215–0521
Residential Care Agencies: Furnishings and Personal Items 413–215–0526
Residential Care Agencies: New Facility or Remodel 413–215–0531
Residential Care Agencies: Environmental Health 413–215–0536
Residential Care Agencies: Food Services 413–215–0541
Residential Care Agencies: Safety 413–215–0546
Residential Care Agencies: Health Services 413–215–0551
Residential Care Agencies: Medication 413–215–0554
Residential Care Agencies: Extracurricular, Enrichment, Cultural, and Social Activities 413–215–0556
Residential Care Agencies: Staff Training 413–215–0561
Residential Care Agencies: Minimum Staffing Requirements 413–215–0566
Residential Care Agencies: Separation of Residents 413–215–0571
Residential Care Agencies: Referral and Initial Evaluation of Children 413–215–0576
Residential Care Agencies: Consents, Disclosures, and Authorizations 413–215–0581
Residential Care Agencies: Information About Children in Care 413–215–0586
Residential Care Agencies: Notification to Public Schools 413–215–0601
Therapeutic Boarding Schools: What Law Applies 413–215–0611
Therapeutic Boarding Schools: Educational Services 413–215–0616
Therapeutic Boarding Schools: Physical Plant Requirements 413–215–0618
Therapeutic Boarding Schools: Room and Space Requirements 413–215–0621
Therapeutic Boarding Schools: Furnishings and Personal Items for Children in Care 413–215–0626
Therapeutic Boarding Schools: New Facility or Remodel 413–215–0631
Therapeutic Boarding Schools: Environmental Health 413–215–0636
Therapeutic Boarding Schools: Food Services 413–215–0641
Therapeutic Boarding Schools: Safety 413–215–0646
Therapeutic Boarding Schools: Health Services 413–215–0651
Therapeutic Boarding Schools: Medication 413–215–0656
Therapeutic Boarding Schools: Staff Training 413–215–0661
Therapeutic Boarding Schools: Minimum Staffing Requirements 413–215–0666
Therapeutic Boarding Schools: Separation of Children in Care 413–215–0671
Therapeutic Boarding Schools: Referral and Initial Evaluation of Children in Care 413–215–0676
Therapeutic Boarding Schools: Consents, Disclosures, and Authorizations 413–215–0681
Therapeutic Boarding Schools: Information about Children in Care with the Therapeutic Boarding School 413–215–0701
Homeless, Runaway, and Transitional Living Shelters: What Law Applies 413–215–0716
Homeless, Runaway, and Transitional Living Shelters: Client Rights 413–215–0721
Homeless, Runaway, and Transitional Living Shelters: Staffing Requirements 413–215–0726
Homeless, Runaway, and Transitional Living Shelters: Staff Development and Training 413–215–0731
Homeless, Runaway, and Transitional Living Shelters: Admissions and Assessments 413–215–0736
Homeless, Runaway, and Transitional Living Shelters: Service Planning 413–215–0741
Homeless, Runaway, and Transitional Living Shelters: Client Files 413–215–0746
Homeless, Runaway, and Transitional Living Shelters: Medication Storage and Dispensing 413–215–0751
Homeless, Runaway, and Transitional Living Shelters: Health and Hygiene 413–215–0756
Homeless, Runaway, and Transitional Living Shelters: Grouping 413–215–0761
Homeless, Runaway, and Transitional Living Shelters: Safety 413–215–0766
Homeless, Runaway, and Transitional Living Shelters: Environmental Health 413–215–0801
Day Treatment Agencies: What Law Applies 413–215–0811
Day Treatment Agencies: Staff Qualifications and Minimum Staffing Requirements 413–215–0816
Day Treatment Agencies: Physical Plant Requirements 413–215–0821
Day Treatment Agencies: Building Plans for New Facility or Remodel 413–215–0826
Day Treatment Agencies: Environmental Health 413–215–0831
Day Treatment Agencies: Food Services 413–215–0836
Day Treatment Agencies: Safety 413–215–0841
Day Treatment Agencies: Health Services 413–215–0846
Day Treatment Agencies: Medication 413–215–0851
Day Treatment Agencies: Policies and Procedures 413–215–0856
Day Treatment Agencies: Educational Services 413–215–0901
Outdoor Youth Programs: Applicability and General Provisions 413–215–0916
Outdoor Youth Programs: Administration 413–215–0918
Outdoor Youth Programs: Consents, Disclosures, and Authorizations 413–215–0921
Outdoor Youth Programs: Participant Clothing, Equipment, and Supplies 413–215–0926
Outdoor Youth Programs: Water Requirements 413–215–0931
Outdoor Youth Programs: Nutritional Requirements 413–215–0936
Outdoor Youth Programs: Safety 413–215–0941
Outdoor Youth Programs: Potential Weapons 413–215–0946
Outdoor Youth Programs: Contraband 413–215–0956
Outdoor Youth Programs: Transportation 413–215–0961
Outdoor Youth Programs: Health Services 413–215–0966
Outdoor Youth Programs: Staff Qualifications and Requirements 413–215–0971
Outdoor Youth Programs: Staff Health Requirements 413–215–0976
Outdoor Youth Programs: Physical Activity Limits and Requirements 413–215–0981
Outdoor Youth Programs: Staff Training 413–215–0986
Outdoor Youth Programs: Staff Ratios 413–215–0991
Outdoor Youth Programs: Age Grouping 413–215–0992
Outdoor Youth Programs: Referral and Initial Evaluation of Youth 413–215–0996
Outdoor Youth Programs: Program Services 413–215–1001
Outdoor Youth Programs: Critical Incident Program 413–215–1006
Outdoor Youth Programs: Field Activities 413–215–1011
Outdoor Youth Programs: Communication 413–215–1016
Outdoor Youth Programs: Work 413–215–1021
Outdoor Youth Programs: Animals and Pets 413–215–1026
Outdoor Youth Programs: Solo Experiences 413–215–1031
Outdoor Youth Programs: Behavior Management
Last Updated

Jun. 8, 2021

Rule 413-215-0476’s source at or​.us