Parent and Child Rights and Relationships

ORS 109.272
Court required to act within six months of filing of petition for adoption

  • duty of clerk

(1)

Not earlier than provided in ORS 109.276 (Petition for adoption) and not later than six months from the date on which the petition for leave to adopt another is filed under ORS 109.276 (Petition for adoption), the court before which the petition is pending shall hold a hearing and shall:

(a)

Enter a judgment under ORS 109.350 (Judgment of adoption or readoption);

(b)

Continue the guardianship or legal custodial status of the child;

(c)

Waive the child to a court having jurisdiction under ORS 419B.100 (Jurisdiction) or 419C.005 (Jurisdiction); or

(d)

Take such other action as the court considers necessary.

(2)

The court before which the petition is pending, on its own motion, may take testimony from or confer with the child to be adopted and may exclude from the conference the parents or guardians of the child, the proposed adoptive parents and other persons if the court finds that such action would be likely to be in the best interests of the child. However, the court shall permit an attorney for each party to attend the conference, and the conference shall be reported.

(3)

The clerk of the court before which petitions for leave to adopt another are pending shall periodically notify the court and the Department of Human Services of all such petitions which have been pending before the court for more than six months without final disposition pursuant to subsection (1) of this section.

(4)

The clerk of the court before which a petition is filed for leave to adopt a minor child shall provide to the Director of Human Services a copy of the court’s order of disposition of the petition. [Formerly 109.307]

Notes of Decisions

This section requires trial court to hold hearing and take appropriate action within six months of the filing of petition for adoption, although proceedings may extend beyond six months. Thies v. Barnes, 11 Or App 158, 501 P2d 1305 (1972)

Source

Last accessed
May 30, 2023

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