ORS 109.276
Petition for adoption

  • residency and jurisdictional requirements
  • venue
  • home study
  • placement report
  • fee
  • rules
  • filing requirements for entry of judgment

(1)

Any person may petition the circuit court for leave to adopt another person and, if desired, for a change of the other person’s name. Except as provided in ORS 419B.529 (Adoption after permanent commitment or surrender) or 419B.656 (Tribal customary adoption), a separate petition must be filed for each person for whom leave to adopt is sought.

(2)

One petitioner, the child, one parent or the person, who is not an adoption agency, consenting to the adoption as required under ORS 109.301 (Consent to adoption in general) (1) must be a resident of this state. As used in this subsection, “resident” means a person who has resided in this state continuously for a period of six months prior to the date of the petition.

(3)

Except as provided in subsection (4) of this section, when the petition is for the adoption of a minor child, the adoption is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, ORS 109.701 (Short title) to 109.834 (Severability clause).

(4)

Intentionally left blank —Ed.

(a)

Notwithstanding ORS 109.741 (Initial child custody jurisdiction) and 109.744 (Exclusive, continuing jurisdiction) and except as provided in ORS 419B.627 (Jurisdiction), a court of this state has jurisdiction over the adoption of a minor child if, immediately prior to the filing of a petition for adoption:

(A)

The minor child resided in this state for at least six consecutive months including periods of temporary absence;

(B)

One parent or another person, who is not an adoption agency, consenting to the adoption as required under ORS 109.301 (Consent to adoption in general) (1) or 109.302 (Consent to adoption of Indian child) resided in this state for at least six consecutive months including periods of temporary absence;

(C)

The prospective adoptive parent resided in this state for at least six consecutive months including periods of temporary absence and substantial evidence is available in this state concerning the present or future care of the minor child;

(D)

It appears that no court of another state would have jurisdiction under circumstances substantially in accordance with subparagraphs (A) to (C) of this paragraph; or

(E)

A court of another state has declined to exercise jurisdiction on the grounds that this state is a more appropriate forum to hear a petition for adoption of the minor child and it is in the best interests of the minor child that a court of this state assume jurisdiction.

(b)

As used in paragraph (a) of this subsection, “periods of temporary absence” means periods of absence of not more than a total of 30 days in the prior six consecutive months.

(5)

In a petition to adopt a minor child, venue lies in the Oregon county with which the child has the most significant connection or in the Oregon county in which the licensed adoption agency is located.

(6)

A petition for adoption of a minor child must comply with the requirements, and be served in the manner, described in ORS 109.285 (Petition for adoption).

(7)

Intentionally left blank —Ed.

(a)

In a proceeding for the adoption of a minor child, a current home study must be approved by either the Department of Human Services or an Oregon licensed adoption agency for the purpose of demonstrating that the petitioner meets the minimum standards for adoptive homes as set forth in the department’s administrative rules.

(b)

Except when the court finds that there is reason to know that the child is an Indian child, the department, upon request by the petitioner, may waive the home study requirement in an adoption proceeding in which one of the child’s biological parents or adoptive parents retains parental rights, or when a relative who qualifies under the department’s administrative rules for a waiver of the home study requirement is the prospective adoptive parent.

(c)

The department shall, subject to ORS 109.270 (Rules regarding home studies and placement reports), adopt rules to implement the provisions of this subsection.
(8)(a)(A) Within 90 days after service upon the Director of Human Services as required under ORS 109.285 (Petition for adoption), the Department of Human Services shall investigate and file for the consideration of the judge before whom the petition for adoption is pending a placement report containing information regarding the status of the child and evidence concerning the suitability of the proposed adoption. The department may designate an Oregon licensed adoption agency to investigate and report to the court. If the department designates an Oregon licensed adoption agency to investigate and report to the court, the department shall make the designation and provide all necessary information and materials to the Oregon licensed adoption agency no later than 30 days after the service on the director and upon receipt of all required documentation and fees.

(B)

Except when the court finds that there is reason to know that the child is an Indian child, the department:
(i)
May waive the placement report requirement under this subsection; and
(ii)
Shall waive the placement report requirement in an adoption proceeding in which one of the child’s biological parents or adoptive parents retains parental rights.

(b)

Upon receipt of a written request by the petitioner or the petitioner’s attorney, the department shall furnish to the petitioner or the petitioner’s attorney copies of any information that the department has filed with the court.

(c)

Information gathered by the department or by an Oregon licensed adoption agency during the preparation of the placement report may include information concerning the child’s social, medical and genetic history and the birth parent’s history as may be required by ORS 109.301 (Consent to adoption in general), 109.302 (Consent to adoption of Indian child) or 109.342 (Medical history of child and biological parents required).

(d)

The court shall file and retain the placement report filed under this subsection in the same location in the records, papers and files in the court’s record of the adoption case as the petition and exhibits filed under ORS 109.285 (Petition for adoption) are located. The placement report must be segregated from the Adoption Summary and Segregated Information Statement and the exhibits submitted under ORS 109.287 (Adoption Summary and Segregated Information Statement).

(e)

The department shall, subject to ORS 109.270 (Rules regarding home studies and placement reports), adopt rules to implement the provisions of this subsection.

(9)

The department may charge the petitioner a fee for investigating a proposed nonagency adoption and preparing the home study required under subsection (7) of this section and the placement report required under subsection (8) of this section. The petitioner shall report the fee amount to the court. The court granting the adoption shall make a finding as to whether the fee is necessary and reasonable. Any fee charged may not exceed reasonable costs for investigation, home study and placement report preparation. The department shall prescribe by rule the procedure for computing the investigation, home study and placement report preparation fee. The rules shall provide a waiver of either part or all of the fee based upon the petitioner’s ability to pay.

(10)

The court may not rule upon a petition for the adoption of a minor child until at least 90 days after the date that the petition and documents required to be served on the Director of Human Services under ORS 109.285 (Petition for adoption) and 109.287 (Adoption Summary and Segregated Information Statement) have been served upon the director. The department may waive the 90-day waiting period.

(11)

The amounts of any fees collected under subsection (9) of this section are continuously appropriated to the department for use in preparing home studies and placement reports required under this section.

(12)

Intentionally left blank —Ed.

(a)

Except as provided in paragraph (b) of this subsection, a court may not grant a judgment for the adoption of a minor child unless the petitioner has filed with the court:

(A)

A petition, including exhibits attached to the petition, meeting the requirements of ORS 109.285 (Petition for adoption);

(B)

Written evidence that a home study has been completed and approved, unless waived, under subsection (7) of this section;

(C)

A placement report under subsection (8) of this section unless waived; and

(D)

The Adoption Summary and Segregated Information Statement under ORS 109.287 (Adoption Summary and Segregated Information Statement), including exhibits attached to the statement.

(b)

Except when the court finds that there is reason to know that the child is an Indian child, a person is not required to file a home study or a placement report with the court when the department has granted the person a waiver under department rules.

(13)

When the court conducts a hearing under ORS 109.266 (Definitions for ORS 109.266 to 109.410) to 109.410 (Certificate of adoption) regarding the adoption of a minor child, the court shall make the inquiries described in ORS 419B.636 (Inquiry to determine whether child is Indian child) (4)(b) and make a finding and order subject to the procedures under ORS 419B.636 (Inquiry to determine whether child is Indian child) (4) regarding whether there is reason to know that the child is an Indian child. [Formerly 109.309]

Source: Section 109.276 — Petition for adoption; residency and jurisdictional requirements; venue; home study; placement report; fee; rules; filing requirements for entry of judgment, https://www.­oregonlegislature.­gov/bills_laws/ors/ors109.­html.

Notes of Decisions

Under former similar statute (ORS 109.310)

A police investigation report of child abuse by adoption petitioners attached to an adoption report submitted pursuant to this section was not inadmissible hearsay. H. v. Children’s Serv. Div., 17 Or App 395, 522 P2d 225 (1974)

109.001
Breast-feeding in public place
109.003
Attorney fees
109.010
Duty of support
109.012
Liability of parents for expenses and education of children
109.015
Proceedings for child support if child receives public assistance
109.020
When child’s maintenance and education may be defrayed out of income of own property
109.030
Equality in rights and responsibilities of parents
109.035
Security required before foreign travel with child
109.041
Relationship between adopted child and natural and adoptive parents
109.050
Relation of adopted child to adoptive parents
109.056
Delegation of certain powers by parent or guardian
109.060
Legal status and legal relationships when parents not married
109.065
Establishing parentage
109.070
Presumption of parentage
109.072
Petition to vacate or set aside parentage determination
109.073
Social Security number of parent in paternity order
109.090
Interpretation of ORS 109.060 to 109.090
109.092
Obligation to recognize responsibility for conception
109.094
Rights of parent when parentage established
109.096
Notice to putative father when parentage not established
109.098
Objection of putative father in proceeding referred to in ORS 109.096
109.100
Petition for support
109.103
Proceeding to determine custody or support of child
109.112
Mother, father or putative father deemed to have attained majority
109.116
Validity of putative father’s authorization, release or waiver
109.118
Validity of decrees or orders entered prior to July 3, 1975, concerning custody, adoption or permanent commitment of child
109.119
Rights of person who establishes emotional ties creating child-parent relationship or ongoing personal relationship
109.124
Definitions for ORS 109.124 to 109.230
109.125
Who may initiate proceedings
109.135
Circuit court jurisdiction
109.145
Court may proceed despite failure to appear
109.155
Hearing
109.165
Vacation or modification of judgment
109.175
Determination of legal custody after parentage established
109.225
Notice to Center for Health Statistics after petition filed
109.230
Legality of contract between mother and father of child born out of wedlock
109.231
Records open to public
109.237
Attorney fees
109.239
Rights and obligations of children resulting from assisted reproduction
109.243
Relationship of child resulting from assisted reproduction to mother’s spouse
109.247
Application of law to children resulting from assisted reproduction
109.250
Short title
109.251
“Blood tests” defined
109.252
Authority for blood test
109.254
Selection of experts to make tests
109.256
Compensation of experts
109.258
Effect of test results
109.259
Temporary child support pending determination of parentage
109.260
Applicability to criminal actions for nonsupport
109.262
Uniformity of interpretation
109.264
Parties
109.266
Definitions for ORS 109.266 to 109.410
109.268
Interpretation of adoption laws
109.270
Rules regarding home studies and placement reports
109.272
Court required to act within six months of filing of petition for adoption
109.274
Confidentiality of petitioners
109.276
Petition for adoption
109.278
ICWA compliance report
109.281
Financial disclosure statement to be filed with petition
109.283
Application for home study by Oregon resident
109.285
Petition for adoption
109.287
Adoption Summary and Segregated Information Statement
109.289
Separate record of the case
109.301
Consent to adoption in general
109.302
Consent to adoption of Indian child
109.322
Consent of parent with mental illness or intellectual disability
109.323
Consent when custody of child has been awarded in divorce proceedings
109.324
Consent when parent has deserted or neglected child
109.325
Consent by Department of Human Services or approved child-caring agency of this state
109.326
Consent when spouse not parent
109.327
Consent by organization located outside Oregon
109.328
Consent of child 14 years of age or older
109.329
Adoption of person 18 years of age or older or legally married
109.330
Notice when parent does not consent
109.331
Consenting agency disclosure of county and case number of adoption proceeding
109.332
Grandparent visitation in stepparent adoption
109.335
Appointment of guardian pending further adoption proceedings
109.342
Medical history of child and biological parents required
109.346
Adoption-related counseling for birth parent
109.347
Civil action for failure to pay for counseling
109.350
Judgment of adoption or readoption
109.353
Notice of voluntary adoption registry required before judgment entered
109.360
Change of adopted child’s name
109.381
Effect of judgment of adoption
109.382
Vacating adoption of Indian child when parental consent to adoption obtained by fraud or duress
109.383
Notice of vacated judgment of adoption of Indian child or termination of adoptive parent’s parental rights to Indian child
109.385
Readoption proceeding
109.390
Authority of Department of Human Services or child-caring agency in adoption proceedings
109.400
Adoption report form
109.410
Certificate of adoption
109.425
Definitions for ORS 109.425 to 109.507
109.430
Policy and purpose
109.435
Adoption records to be permanently maintained
109.445
Information of registry confidential
109.450
Child placement agency to maintain registry
109.455
Persons eligible to use registry
109.460
Persons eligible to register
109.465
Content of affidavit
109.470
Continuing registration by birth parent or putative father
109.475
Processing affidavits
109.480
Counseling of registrant
109.485
Registry information to be maintained permanently
109.490
Limits on releasing information
109.495
Registrant fee
109.500
Genetic, social and health history
109.502
Search for birth parents, putative father, genetic siblings or county where adoption finalized
109.503
Access to adoption records for search
109.504
Effect on subsequent searches when person sought in initial search refuses contact
109.505
Support services
109.506
Rulemaking
109.507
Access to Department of Human Services records required
109.510
Age of majority
109.520
Majority of married persons
109.570
Legislative findings
109.572
Definitions for ORS 109.570 to 109.580
109.575
Authority of relative caregiver to consent to medical treatment and educational services for minor child
109.580
Relative caregiver affidavit
109.610
Right to care for certain sexually transmitted infections without parental consent
109.640
Right to medical or dental treatment without parental consent
109.650
Disclosure without minor’s consent and without liability
109.660
Construction
109.670
Right to donate blood
109.672
Certain persons immune from liability for providing care to minor
109.675
Right to diagnosis or treatment for mental or emotional disorder or chemical dependency without parental consent
109.680
Disclosure by mental health care provider without minor’s consent
109.685
Immunity from civil liability for person providing treatment or diagnosis
109.690
Parent or guardian not liable for payment under ORS 109.675
109.695
Rules for implementation of ORS 109.675 to 109.695
109.697
Right to contract for dwelling unit and utilities without parental consent
109.701
Short title
109.704
Definitions for ORS 109.701 to 109.834
109.707
Proceedings governed by other law
109.711
Application to Indian tribes
109.714
International application of ORS 109.701 to 109.834
109.717
Effect of child custody determination
109.721
Priority
109.724
Notice to persons outside state
109.727
Appearance and limited immunity
109.731
Communication between courts
109.734
Taking testimony in another state
109.737
Cooperation between courts
109.741
Initial child custody jurisdiction
109.744
Exclusive, continuing jurisdiction
109.747
Jurisdiction to modify determination
109.751
Temporary emergency jurisdiction
109.754
Notice
109.757
Simultaneous proceedings
109.761
Inconvenient forum
109.764
Jurisdiction declined by reason of conduct
109.767
Information to be submitted to court
109.771
Appearance of parties and child
109.774
Definitions for ORS 109.774 to 109.827
109.777
Enforcement under Hague Convention
109.781
Duty to enforce
109.784
Temporary order for parenting time or visitation
109.787
Registration of child custody determination
109.791
Enforcement of registered determination
109.794
Simultaneous proceedings
109.797
Expedited enforcement of child custody determination
109.801
Service of petition and order
109.804
Immediate physical custody of child
109.807
Warrant to take physical custody of child
109.811
Costs, fees and expenses
109.814
Recognition and enforcement
109.817
Appeals
109.821
Role of district attorney
109.824
Role of law enforcement officer
109.827
Costs and expenses of district attorney and law enforcement officers
109.831
Application and construction
109.834
Severability clause
109.990
Penalty
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