ORS 418.270
Surrender of child to child-caring agency

  • consent to adoption
  • time for adoption proceedings
  • effect of release and surrender

(1)

If licensed for such purposes by the Department of Human Services, a child-caring agency may receive children from the children’s parents or legal guardians for special, temporary or continued care. Upon receiving a child under this section, the agency shall make inquiries, as described in ORS 419B.636 (Inquiry to determine whether child is Indian child) (2), to determine whether there is reason to know that the child is an Indian child. The parents or guardians may sign releases or surrenders giving to the agency guardianship and control of the children during the period of care, which may be extended until the children arrive at legal age. Releases do not surrender the rights of parents or guardians in respect to the adoption of children and do not entitle the agency to give consent to the adoption of the children unless the release or surrender expressly recites that the release or surrender is given for the purpose of adoption. Child-caring agencies are authorized to place children for adoption or family foster care only if authorized by the department in the license issued by the department to the agency.

(2)

Severance of family ties with children by adoption or otherwise may be accomplished only by the order of a court of competent jurisdiction.

(3)

In the absence of the certificate provided for in subsection (4) of this section, it is unlawful to present a child released or surrendered to a child-caring agency by a parent, parents or guardian for a court to pass upon the adoption of the child until at least six months have elapsed after signing the release or surrender.

(4)

Parents or guardians who have given a child into the guardianship of a child-caring agency by release or surrender under this section for the purpose of adoption may, concurrently or subsequently and without any adoption proceeding having been initiated, agree that the release or surrender shall become irrevocable as soon as the child is placed by the agency in the physical custody of a person or persons for the purpose of adoption, and waive their right to personal appearance in court in matters of adoption of the child, by a duly signed and attested certificate. From and after physical placement for adoption, or, if the child is an Indian child, upon entry of the judgment of adoption, the certificate of irrevocability and waiver and the release or surrender may not be revoked by the parent or guardian unless fraud or duress is affirmatively proved.

(5)

No agreement to release or surrender a child for adoption, or other agreement or waiver of rights having the same effect, executed before March 24, 1971, in connection with the surrender of a child into the guardianship of a child-caring agency for purposes of adoption, may be revoked or held invalid for any reason except upon affirmative proof of fraud or duress.

(6)

Intentionally left blank —Ed.

(a)

Notwithstanding subsections (1) and (4) of this section, if the agency has reason to know that a child being released or surrendered is an Indian child:

(A)

The release, surrender or certificate of irrevocability and waiver must be executed before a court, consistent with this subsection; and

(B)

The agency shall petition the court to hold a hearing in which the child’s parent may execute the release, surrender or certificate of irrevocability and waiver.

(b)

The petition for a hearing under this subsection may be filed in any pending child custody proceeding, as defined in ORS 419B.603 (Definitions), involving the child or, if none, a state or local court of competent jurisdiction.

(c)

Upon receiving a petition under this subsection, the court shall schedule a hearing no fewer than 10 days following the child’s date of birth and no more than 30 days following the date the petition is filed.

(d)

Intentionally left blank —Ed.

(A)

At the hearing, the court shall explain to the parent, on the record in detail and in the language of the parent, the parent’s right to legal counsel, the terms and consequences of the release, surrender or certificate of irrevocability and waiver and inform the parent that the release, surrender or certificate of irrevocability and waiver may be revoked at any time prior to the entry of the judgment of adoption.

(B)

The parent must execute the release, surrender or certificate of irrevocability and waiver in person before the court.

(C)

The petitioner shall file the release, surrender or certificate of irrevocability and waiver with the court.

(D)

The court shall certify that it provided the explanation in the manner required under subparagraph (A) of this paragraph and that the parent fully understood the terms and consequences of the release, surrender or certificate of irrevocability and waiver. [Formerly 419.128; 1971 c.26 §1; 1975 c.310 §7; 1983 c.510 §10; 2016 c.106 §14; 2021 c.398 §29]

Source: Section 418.270 — Surrender of child to child-caring agency; consent to adoption; time for adoption proceedings; effect of release and surrender, https://www.­oregonlegislature.­gov/bills_laws/ors/ors418.­html.

Notes of Decisions

This section was not unconstitutional as denying due process or equal protection of the laws under the U.S. Constitution. McCurdy v. Albertina Kerr Homes, Inc., 9 Or App 536, 498 P2d 392 (1972)

Attorney General Opinions

Organizations that promote and arrange surrogacy contracts must comply with laws governing private child-caring agencies, (1989) Vol 46, p 221

418.001
Definition for ORS 418.005 to 418.030
418.005
Powers of department in connection with child welfare services
418.010
Children not to be taken charge of when parents object
418.015
Custody and care of needy children by department
418.016
Criminal records checks required for caregivers of children and for other persons in household
418.017
Parent allowed to anonymously leave child at authorized facility
418.018
Department required to inform public about ORS 418.017 and affirmative defense
418.020
Unexpended balances of budgeted county funds may be expended as aid for children
418.025
Prevention, reduction or control of juvenile delinquency by county programs and activities
418.027
Agreements for custody, care or treatment
418.030
Services to prevent, control and treat juvenile delinquency
418.032
Department subrogated to right of support for certain children in department custody
418.033
Release of records to citizen review board
418.034
Department responsible for costs of medical care of certain children in detention or lockup facilities
418.036
Child welfare report
418.039
Policy on prohibited disqualifications of child welfare services providers
418.041
Governor’s Child Foster Care Advisory Commission
418.043
Membership of commission
418.044
Functions and duties of commission
418.046
Advisory or technical committees
418.189
Policy on child abuse and neglect
418.194
Scheduling visitation around school attendance
418.200
Definitions
418.201
Legislative intent
418.202
Oregon Foster Children’s Bill of Rights
418.203
Prohibitions on discipline or retaliation for speaking about services received
418.205
Definitions for ORS 418.205 to 418.327, 418.330, 418.470, 418.475, 418.950 to 418.970 and 418.992 to 418.998
418.210
Application of ORS 418.205 to 418.327
418.215
Child-caring agency to be licensed, certified or authorized
418.240
Licensing, certification and authorization criteria
418.246
Bond for outdoor youth program licensure
418.248
Certification of proctor foster homes
418.250
Supervision of child-caring agencies
418.255
Inspection and supervision
418.256
Interference with disclosure of information
418.257
Definitions for ORS 418.257 to 418.259
418.258
Report of suspected abuse
418.259
Investigation of suspected abuse
418.260
Investigation of abuses, deficiencies, violations or failures to comply in child-caring agencies
418.262
Minimum staffing required for licensing, inspection and investigation
418.263
Child-Caring Agencies Account
418.265
Reports
418.270
Surrender of child to child-caring agency
418.275
Child-caring agency as guardian of child
418.280
Placement of children
418.285
Authority of department same as child-caring agency under ORS 418.270 to 418.280
418.290
Child placement by nonresident
418.295
Certain attorneys not to represent prospective adoptive parents
418.300
When child placement by private persons prohibited
418.302
Administrative review required for certain children in voluntary placement
418.305
Access to child receiving care or services
418.306
Denial of visitation by child-caring agency as disciplinary measure prohibited
418.307
Medical or dental treatment of children without consent
418.310
Application of statutes to institutions caring for adults and children
418.312
When transfer of custody not required
418.315
Department may provide foster care for children surrendered or committed to department
418.318
Authority to pay for qualified residential treatment programs
418.319
Goal regarding placed children receiving federal assistance
418.321
Out-of-state child-caring agency
418.322
Placement in congregate care residential setting
418.323
Qualified residential treatment program
418.324
Independent assessment
418.325
Medical examinations required
418.327
Licensing of private residential boarding schools
418.330
Payments to adoptive parents or guardians
418.335
Determination of eligibility for payments
418.340
Rules
418.345
Adoption Applicable Child Savings Fund
418.351
Definitions for 418.351 to 418.357
418.353
Residential care referrals
418.357
Residential care referral agents
418.359
Referrals to secure transportation services providers
418.470
Authority to pay for shelter-care homes
418.472
Siting of shelter-care home
418.475
Independent residence facilities
418.480
“Purchase of care” defined
418.485
Policy
418.490
Coordination of state activities
418.495
Authority to purchase care
418.500
Out-of-state care for children
418.517
Procedures for use of psychotropic medications for children in foster care
418.519
Definitions for ORS 418.519 to 418.532
418.521
Prohibitions on restraint and involuntary seclusion of children in care
418.523
Permissible use of restraint or involuntary seclusion of child in care
418.526
Program procedures
418.528
Quarterly reports
418.529
Training standards and certification
418.532
Notices to children in care
418.575
Definitions for ORS 418.575 to 418.598
418.578
Legislative findings
418.580
Strengthening, Preserving and Reunifying Families programs
418.585
Strengthening, Preserving and Reunifying Families Program Fund
418.590
Waiver of federal requirements
418.595
Placement and referral to program to be considered in reasonable or active efforts determination
418.598
Rules
418.606
Definitions
418.607
Legislative intent
418.608
Oregon Foster Children’s Sibling Bill of Rights
418.609
Applicability of Indian Child Welfare Act
418.625
Definitions for ORS 418.625 to 418.645
418.627
Placement consistent with the Indian Child Welfare Act
418.630
Foster home must be certified as approved
418.635
Certificate of approval
418.640
Supervision of foster homes
418.642
Confidentiality of information about person who maintains foster home
418.643
Denial of visitation by foster home as disciplinary measure prohibited
418.644
Interference with disclosure of information
418.645
Appeal from decision of department
418.647
Foster care payments
418.648
Rights of foster parents
418.650
Policy
418.653
Oregon Youth Corps
418.657
Duties of program director
418.658
Oregon Community Stewardship Corps
418.660
Projects
418.663
Employment goals
418.675
Powers and duties of trustees of A. R. Burbank Trust Fund
418.680
Annual report of trustees
418.685
Certain agencies declared to be orphans’ homes
418.691
Definitions for ORS 418.691 to 418.701
418.696
Youth sports providers encouraged to perform certain activities related to qualifications of coaches or supervisors
418.699
Additional duties or liabilities not imposed on youth sports providers
418.701
Youth sports providers authorized to request criminal background checks from Department of State Police
418.702
Training and continuing education for mandatory reporters
418.706
State Technical Assistance Team for child fatalities
418.708
Child’s savings account
418.712
Definitions for ORS 418.714 and 418.718
418.714
Domestic violence fatality review teams
418.718
Statewide team
418.726
Youth Suicide Intervention and Prevention Advisory Committee
418.731
Youth Suicide Intervention and Prevention Coordinator
418.733
Updates to Youth Suicide Intervention and Prevention Plan
418.735
Plan for communication among local mental health authorities regarding certain suicides
418.746
Child Abuse Multidisciplinary Intervention Account
418.747
County teams for investigation
418.748
Statewide team on child abuse and suicide
418.751
Training and education for persons investigating child abuse
418.780
Purpose
418.782
Definitions for ORS 418.746 to 418.796
418.783
Child Abuse Multidisciplinary Intervention Program
418.784
Advisory Council on Child Abuse Assessment
418.785
Child fatality review teams
418.786
Grant program
418.788
Grant application
418.790
Application contents for regional centers
418.792
Application contents for children’s advocacy center
418.793
Report to Child Abuse Multidisciplinary Intervention Program
418.794
Confidentiality of video recordings
418.795
Confidentiality of information and records
418.796
Authority of council to solicit and accept contributions
418.800
Review of certain cases by county child abuse multidisciplinary team
418.804
Short title
418.806
Policy
418.808
Critical incident
418.811
Team assignment and membership
418.813
Report
418.816
Critical Incident Review Team website
418.925
“Refugee child” defined
418.927
When refugee child may be removed from home
418.930
Petition to juvenile court required upon removal of refugee child
418.933
Judicial determination on removal required
418.935
Petition by relative of refugee child
418.937
Placement decision
418.939
Record for refugee child
418.941
Refugee Child Welfare Advisory Committee
418.943
Annual report
418.945
Rules
418.950
Definitions for ORS 418.950 to 418.970
418.955
Policy
418.960
City and county siting of child-caring facilities
418.965
Approval or denial of applications
418.970
ORS 418.950 to 418.970 inapplicable to existing facilities
418.976
Definitions for ORS 418.976 to 418.981
418.978
System of Care Advisory Council
418.979
Purpose
418.981
Children’s System Data Dashboard
418.983
System of Care Account
418.984
Interdisciplinary assessment teams
418.990
Criminal penalties
418.991
Penalty for interference with disclosure of information
418.992
Civil penalty
418.993
Procedure
418.994
Schedule of penalties
418.995
Factors considered in imposing penalty
418.997
Judicial review
418.998
Disposition of penalties
Green check means up to date. Up to date