ORS 419B.529
Adoption after permanent commitment or surrender

procedure
certain fees prohibited

Text
Annotations 2

(1)

Notwithstanding ORS 109.276 (Petition for adoption), a prospective adoptive parent is not required to file a petition for adoption when:

(a)

One of the following has occurred:

(A)

A juvenile court that is a circuit court has entered an order of permanent commitment of a ward to the Department of Human Services under ORS 419B.527 (Disposition of ward after termination); or

(B)

The parent has signed and the department has accepted a release and surrender to the department, and the parent has signed a certificate of irrevocability and waiver as provided in ORS 418.270 (Surrender of child to child-caring agency) regarding a child;

(b)

The department has completed a home study as defined in ORS 109.266 (Definitions for ORS 109.266 to 109.410) that finds the prospective parent is suitable to adopt the child or ward and the department consents to the adoption of the child or ward by the prospective parent;

(c)

If the child is an Indian child:

(A)

The department has offered to coordinate mediation between the Indian child’s tribe and the proposed adoptive placement;

(B)

If requested by the tribe, an agreement is in place that requires the proposed adoptive parent to maintain connection between the Indian child and the Indian child’s tribe; and

(C)

If an agreement described in subparagraph (B) of this paragraph is in place, the department incorporates the terms of the agreement into the placement report;

(d)

Written evidence of the home study and a placement report requesting the juvenile court to enter a judgment of adoption have been filed in the juvenile court proceeding; and

(e)

At the time the placement report is filed under paragraph (d) of this subsection, the prospective adoptive parent files the adoption report form required under ORS 109.400 (Adoption report form).

(2)

If the child is an Indian child, a parent’s release, surrender or certificate of irrevocability and waiver under subsection (1)(a) of this section must meet the following requirements:

(a)

The court explained 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 informed the parent that the parent may revoke the release, surrender or certificate of irrevocability and waiver at any time prior to the entry of the judgment of adoption;

(b)

The parent executed the release, surrender or certificate of irrevocability and waiver before the court;

(c)

The parent or child-caring agency filed a record of the release, surrender or certificate of irrevocability and waiver with the court; and

(d)

The court certified that the court provided the explanation as required under paragraph (a) of this subsection and that the parent fully understood the terms and consequences of the release and surrender.

(3)

Notwithstanding subsection (1) of this section, a prospective adoptive parent is required to file an Adoption Summary and Segregated Information Statement with accompanying exhibits as provided under ORS 109.287 (Adoption Summary and Segregated Information Statement).

(4)

Notwithstanding ORS 21.135 (Standard filing fee), the clerk of the juvenile court may not charge or collect first appearance fees for a proceeding under this section.

(5)

Intentionally left blank —Ed.

(a)

After the filing of written evidence of a home study and the placement report requesting the court to enter a judgment of adoption, the juvenile court that entered the order of permanent commitment, or the juvenile court having jurisdiction over a ward for whom the department has accepted a release and surrender and a certificate and waiver signed by the parent as provided in subsection (1)(a)(B) of this section, may proceed as provided in ORS 109.272 (Court required to act within six months of filing of petition for adoption) and 109.350 (Judgment of adoption or readoption) and may enter a judgment of adoption.

(b)

If the child is an Indian child and the Indian child’s tribe has entered into an agreement described in subsection (1)(c)(B) of this section, the judgment of adoption must include the terms of the agreement.

(6)

Records of adoptions filed and established under this section shall be kept in accordance with, and are subject to, ORS 109.289 (Separate record of the case). [1997 c.873 §24; 1999 c.859 §24; 2003 c.396 §91; 2003 c.576 §449; 2011 c.595 §18; 2013 c.346 §8; 2020 s.s.1 c.14 §50; 2021 c.398 §30]

Source: Section 419B.529 — Adoption after permanent commitment or surrender; procedure; certain fees prohibited, https://www.oregonlegislature.gov/bills_laws/ors/ors419B.html.

Notes of Decisions

Juvenile court may order agency to provide adoptive home studies to attorney of dependent child prior to agency issuance of placement report. State ex rel State Office for Services to Children and Families v. Williams, 168 Or App 538, 7 P3d 655 (2000)

Where suitable adoptive placement is sought for child, court has discretion to order disclosure to court appointed special advocate of home study information submitted to adoption committee for consideration. State ex rel State Office for Services to Children and Families v. Mitchell, 182 Or App 402, 49 P3d 838 (2002), Sup Ct review denied

California:	Codes
Colorado:	C.R.S.
Nevada:	NRS
New York:	Laws
Oregon:	OAR, ORS
Texas:	Statutes
World:	Rome Statute, International Dictionary

ORS 419B.529 Adoption after permanent commitment or surrender

(1)

(a)

(A)

(B)

(b)

(c)

(A)

(B)

(C)

(d)

(e)

(2)

(a)

(b)

(c)

(d)

(3)

(4)

(5)

(a)

(b)

(6)

Notes of Decisions

ORS 419B.529
Adoption after permanent commitment or surrender