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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

 

DIVISION 120

ADOPTION

Adoption Placement Selection

413-120-0000

Purpose

These rules (OAR 413-120-0000 to 413-120-0060) describe the Department's responsibilities when making an adoption placement selection for a child or sibling group who:

(1) Is in the custody of the Department; and

(2) In the case of a sibling group, the Department is planning to place together for the purposes of adoption.

Stat. Auth.: ORS 418.005, 418.280, 418.285
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 16-1999, f. & cert. ef. 8-12-99; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 13-2007, f. & cert. ef. 8-1-07; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10

413-120-0010

Definitions

The following definitions apply to OAR 413-120-0000 to 413-120-0060:

(1) "Adoption committee" means a group of individuals convened by Department staff to make recommendations to an Adoption Decision Specialist (ADS) regarding adoptive resources for a child.

(2) "Adoption home study" means a written report documenting the result of an assessment conducted by the Department, a licensed adoption agency, or another public agency to evaluate the suitability of an individual or individuals to adopt and make a lifelong permanent commitment to a child or children.

(3) "Adoption placement selection" means a decision made by the Department that an individual or individuals have been identified as the adoptive resource for the child.

(4) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request or, if a review was requested, the selection was sustained by that review and the review is complete.

(5) "ADS" means an Adoption Decision Specialist, who is a Department employee appointed by the Adoption Program Manager to attend an adoption committee and make an adoption placement selection for a child.

(6) "Child" means a person under 18 years of age.

(7) "Committee facilitator" means a Department staff member appointed as a member of the committee to facilitate a permanency committee or adoption committee meeting.

(8) "Current caretaker" means a foster parent who:

(a) Is currently caring for a child in the legal custody of the Department who has a permanency plan or concurrent permanent plan of adoption;

(b) Has cared for the child or at least one sibling in a sibling group under consideration for at least the past 12 consecutive months; and

(c) Has been identified by the Department as a potential adoptive resource for the child and when appropriate, the siblings in a sibling group under consideration for adoption in the same adoptive family.

(9) "Department" means the Department of Human Services, Child Welfare.

(10) "Foster parent" means an individual who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.

(11) "General applicant" means an individual who:

(a) Is neither a relative or current caretaker; and

(b) Has submitted a completed application to adopt a child.

(12) "Indian child" means any unmarried person who is under 18 years of age and is either:

(a) A member of an Indian tribe; or

(b) Eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe.

(13) "Permanency committee" means a group of individuals who are responsible for making a recommendation regarding a permanency plan or a potential permanency resource when the child or young adult likely is not returning to his or her parent.

(14) "RCWAC" means the Refugee Child Welfare Advisory Committee.

(15) "Refugee child" means, as defined under ORS 418.925, a person under 18 years of age who has entered the United States and is unwilling or unable to return to the person's country because of persecution or a well-founded fear of persecution on account of race, religion, sex, sexual orientation, nationality, membership in a particular group, or political opinion, or whose parents entered the United States within the preceding 10 years and are or were unwilling or unable to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, sex, sexual orientation, nationality, membership in a particular group, or political opinion.

(a) As used in this section, "persecution" means that harm or suffering will be inflicted upon the person to punish the person for possessing a particular belief or characteristic. "Persecution" does not include harm and suffering that is inflicted on persons generally by reason of civil or military strife in a country.

(b) As used in this section, "fear of persecution" means an apprehension or awareness, based on external objective facts, that the person will suffer persecution upon return to the person's country.

(16) "Relative" means (each of the following individuals is a "relative"):

(a) An individual with one of the following relationships to the child or young adult through the parent of the child or young adult unless the relationship has been dissolved by adoption of the child, young adult, or parent:

(A) Any blood relative of preceding generations denoted by the prefixes of grand, great, or great-great.

(B) Any half-blood relative of preceding generations denoted by the prefixes of grand, great, or great-great (individuals with one common biological parent are half-blood relatives).

(C) A sibling, also to include an individual with a sibling relationship to the child or young adult through a putative father.

(D) An aunt, uncle, nephew, niece, first cousin, and first cousin once removed.

(E) A spouse of anyone listed in paragraphs (A) to (D) of this subsection, even if a petition for annulment, dissolution, or separation has been filed or the marriage is terminated by divorce or death. To be considered a "relative" under this paragraph, the child or young adult must have had a relationship with the spouse prior to the most recent episode of Department custody.

(b) An individual with one of the following relationships to the child or young adult:

(A) An individual defined as a relative by the law or custom of the tribe of the child or young adult if the child or young adult is an Indian child under the Indian Child Welfare Act or in the legal custody of a tribe.

(B) An individual defined as a relative of a refugee child or young adult under Child Welfare Policy I-E.2.2, "Placement of Refugee Children", OAR 413-070-0300 to 413-070-0380.

(C) A stepparent or former stepparent if the child or young adult had a relationship with the former stepparent prior to the most recent episode of Department custody; a stepbrother; or a stepsister.

(D) The registered domestic partner of the parent of the child or young adult or a former registered domestic partner of the parent of the child or young adult if the child or young adult had a relationship with the former domestic partner prior to the most recent episode of Department custody.

(E) The adoptive parent of a sibling of the child or young adult.

(F) The unrelated legal or biological father or mother of a half-sibling of the child or young adult when the half-sibling of the child or young adult is living with the unrelated legal or biological father or mother.

(c) An individual identified by the child or young adult or the family of the child or young adult, or an individual who self-identifies, as being related to the child or young adult through the parent of the child or young adult by blood, adoption, or marriage to a degree other than an individual specified as a "relative" in paragraphs (A) to (D) of subsection (a) of this section unless the relationship has been dissolved by adoption of the child, young adult, or parent.

(d) An individual meeting the requirements of at least one of the following paragraphs:

(A) Not related to the child, young adult, or parent by blood, adoption, or marriage:

(i) Who is identified as a member of the family by the child or young adult or by the family of the child or young adult; and

(ii) Who had an emotionally significant relationship with the child or young adult or the family of the child or young adult prior to the most recent episode of Department custody.

(B) Who has a blood relationship to the child or young adult as described in paragraphs (a)(A) to (D) of this section through the birth parent of the child or young adult, but the prior legal relationship has been dissolved by adoption of the child, young adult, or parent.

(e) For eligibility for the guardianship assistance program:

(A) A stepparent is considered a parent and is not a "relative" for the purpose of eligibility for guardianship assistance unless a petition for annulment, dissolution, or separation has been filed, or the marriage to the adoptive or biological parent of the child has been terminated by divorce or death.

(B) A foster parent may only be considered a "relative" for the purpose of eligibility for guardianship assistance when:

(i) There is a compelling reason why adoption is not an achievable permanency plan;

(ii) The foster parent is currently caring for a child, in the care or custody of the Department or a participating tribe, who has a permanency plan or concurrent permanent plan of guardianship;

(iii) The foster parent has cared for the child for at least 12 of the past 24 months; and

(iv) The Department or tribe has approved the foster parent for consideration as a guardian.

(17) "Sibling" means one of two or more children or young adults related:

(a) By blood or adoption through a common legal parent;

(b) Through the marriage of the legal or biological parents of the children or young adults; or

(c) Through a legal or biological parent who is the registered domestic partner of the legal or biological parent of the children or young adults.

(18) "Substitute caregiver" means a relative caregiver, foster parent, or provider who is authorized to provide care to a child or young adult who is in the legal or physical custody of the Department.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010, 418.005, 418.280, 418.285, 418.937, 419B.100, 419B.192
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 7-1998, f. & cert. ef. 2-10-98; SOSCF 16-1999, f. & cert. ef. 8-12-99; SOSCF 2-2001(Temp), f. & cert. ef. 1-24-01 thru 7-21-01; SOSCF 35-2001, f. 6-29-01 cert. ef. 7-1-01; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 13-2007, f. & cert. ef. 8-1-07; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10; CWP 11-2014, f. & cert. ef. 6-3-14

413-120-0016

Confidentiality

(1) To be considered as a potential adoptive resource, each applicant who is the subject of an adoption home study must provide a signed, valid release of information to release the adoption home study to be considered in the adoption placement selection.

(2) When the Department considers information in addition to the adoption home study concerning a potential adoptive resource during the adoption placement selection, the adoption worker must:

(a) Notify the potential adoptive resource of the additional written information; and

(b) Have the potential adoptive resource sign a release of information for the additional written information to be considered in the adoption placement selection.

(3) The Adoption Program Manager, at his or her discretion, may determine that any written information released under section (1) or (2) of this rule must be a summary or redacted copy when:

(a) An individual who is a subject of the adoption home study or additional information has requested that information be redacted or summarized; or

(b) There is a conflict of interest as described in Child Welfare Policy I-G.1.3, "Adoption Application, Home Study and Standards for Adoption", OAR 413-120-0222.

(4) Any written information released under section (1), (2) or (3) of this rule must:

(a) Be kept confidential by the recipients;

(b) Be used only for the purpose of making the recommendation and selection of a child's adoptive resource;

(c) Not be redisclosed verbally or in writing;

(d) Not be copied; and

(e) Be returned to the Department when the adoption placement selection has been made.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010, 409.225, 418.005, 418.280, 418.285, 418.305, 419A.255
Hist.: SOSCF 16-1999, f. & cert. ef. 8-12-99; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 13-2007, f. & cert. ef. 8-1-07; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; Renumbered from 413-120-0033, CWP 31-2010, f. & cert. ef. 12-29-10

413-120-0020

Adoption Placement Selection Options

When a child has a permanency plan of adoption, the Department uses one of three options to make an adoption placement selection:

(1) Selection by Caseworker. After considering the input from the child's team and following consultation with the supervisor, the caseworker may make the adoption placement selection for a child or sibling group under consideration as part of case-planning using the process in OAR 413-120-0021 when the requirements of at least one of the following subsections is met:

(a) The child is identified as an Indian child and the adoption placement selection complies with Child Welfare Policy I-E.2.1, "Placement of Indian Children", OAR 413-070-0100 to 413-070-0260.

(b) The child is identified as a refugee child and the adoption placement selection complies with Child Welfare Policy I-E.2.2, "Placement of Refugee Children", OAR 413-070-0300 to 413-070-0380.

(c) A relative of a child is being considered alone as the potential adoptive resource for a child or sibling group under consideration, unless subsections (3)(c), (3)(d), or (3)(e) of this rule apply.

(d) The Department has conducted a diligent search and is not assessing, identifying, nor is the Department or another entity conducting an adoption home study for any relative as a potential adoptive resource and, unless subsections (3)(c), (3)(d), or (3)(e) of this rule apply, the requirements of one of the following paragraphs is met:

(A) A current caretaker is being considered alone for a child or sibling group under consideration.

(B) The child is under six years of age with no extraordinary needs and each potential adoptive resource is a general applicant, unless subsection (2)(d) of this rule applies.

(2) Local Adoption Committee and ADS. The local adoption committee recommends an adoptive resource, and the ADS makes the adoption placement selection when section (3) of this rule does not apply and at least one of the following subsections applies:

(a) The child is six years of age or older.

(b) The child has extraordinary needs.

(c) A sibling group is being placed together for the purpose of adoption and each potential adoptive resource is a general applicant.

(d) The identified potential adoptive resources include the child's current foster parent being considered as a general applicant with other general applicants.

(3) Central Office Adoption Committee and ADS. The central office adoption committee recommends an adoptive resource, and the ADS makes the adoption placement selection when one of the following subsections applies:

(a) The potential adoptive resources include:

(A) More than one relative as defined in OAR 413-120-0010(16)(a)–(c);

(B) A relative as defined in OAR 413-120-0010(16)(d) and a current caretaker;

(C) A current caretaker considered under OAR 413-120-0595 and a general applicant; or

(D) A relative, current caretaker, or specific general applicant for whom an exception to the order of preference has been granted under OAR 413-120-0760.

(b) The potential adoptive resources include more than one current caretaker being considered for siblings who will be placed together in adoption.

(c) A DHS staff member is a potential adoptive resource, and the requirements of the DHS-060-002, "Conflict of Interest Policy" and the "Conflict of Interest Policy Addendum for CAF Employees" apply.

(d) A non-DHS staff member with a potential conflict of interest with the Department is a potential adoptive resource.

(e) The potential adoptive resource is an individual living outside the USA, or Child Welfare Policy I-G.1.14, "Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act", OAR 413-120-0900 to 413-120-0970 applies.

(4) The caseworker, following consultation with the supervisor, may request that the adoption placement selection be made by an ADS following an adoption committee recommendation based on the complexities or dynamics of a case. The request must be approved by:

(a) The Child Welfare Program Manager or designee for the use of a local adoption committee rather than a caseworker selection; and

(b) The Adoption Program Manager, Assistant Adoption Program Manager, or designee for the use of a central office adoption committee rather than a local adoption committee.

[ED. NOTE: Policies referenced are available from the agency.]

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285, 419B.192
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96; SCF 9-1997(Temp), f. & cert. ef. 8-15-97; SOSCF 7-1998, f. & cert. ef. 2-10-98; SOSCF 16-1999, f. & cert. ef. 8-12-99; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 2-2007(Temp), f. & cert. ef. 2-26-07 thru 8-24-07; CWP 13-2007, f. & cert. ef. 8-1-07; Administrative correction 9-16-07; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10; CWP 5-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11; CWP 19-2011, f. & cert. ef. 9-19-11

413-120-0021

Adoption Placement Selection by Caseworker

(1) Before making an adoption placement selection, the child's caseworker must comply with the provisions of Child Welfare Policy I-G.1.2, "Identification and Consideration of Potential Adoptive Resources", OAR 413-120-0700 to 413-120-0760.

(2) When the caseworker, after considering the input from the child's team and following consultation with the supervisor, has identified up to three potential adoptive resources to be considered for adoption placement selection, the caseworker must consult with the adoption worker for each of the identified families to:

(a) Provide the adoption worker with written information, redacted to remove identifying information, about the history and needs of each child under consideration; and

(b) Discuss the ability of the potential adoptive resource to meet the needs of each child under consideration.

(3) The adoption workers must complete all of the following:

(a) Provide the identified potential adoptive resources with the information described in subsection (2)(a) of this rule.

(b) Describe the adoption placement selection process to the potential adoptive resources to:

(A) Inform them of the individuals who will be reviewing their adoption home study or other information during the adoption placement selection process; and

(B) Assure all appropriate releases of information described in OAR 413-120-0016(1) and (2) have been obtained.

(c) Confirm with the caseworker for each child who is under consideration that the potential adoptive resource is willing and available to be considered.

(4) When the caseworker has confirmed that the identified potential adoptive resources are available and appropriate to be considered, the caseworker must set a date for the adoption placement selection and notify the adoption worker for each of the identified potential adoptive resources.

(5) At least ten business days before the adoption placement selection, the caseworker must complete all of the following:

(a) Notify the following individuals of the up to three potential adoptive resources to be considered and the date the adoption placement selection will occur:

(A) The CASA;

(B) The child's attorney;

(C) A tribal representative if the child is an Indian child; and

(D) A member of the RCWAC, if the child is a refugee child.

(b) Ensure that the individuals identified in subsection (a) of this section are sent copies of the adoption home study and any additional written information released under OAR 413-120-0016 for each potential adoptive resource, unless the individual has notified the caseworker that they do not want a copy of the materials.

(c) Notify the individuals identified in subsection (a) of this section that any input regarding the ability of a potential adoptive resource to meet the current and lifelong needs of the child or sibling group must be received at least two days before the date of the adoption placement selection to assure it will be considered.

(6) When the caseworker has provided the notifications in section (5) of this rule and a child's relative now expresses interest in being considered as a potential adoptive resource, the Child Welfare Program Manager or designee must:

(a) Review the diligent efforts to identify a child's relatives required under Child Welfare Policy I-E.1.1, "Search for and Engagement of Relatives", OAR 413-070-0060 to 413-070-0063;

(b) Consider the impact of a delay in achieving permanency on the best interests of the child; and

(c) Make a determination whether it is in the child's best interest for an adoption home study to be conducted with a relative despite the delay in achieving permanency.

(7) When a Child Welfare Program Manager informs the caseworker of the determination to consider a relative identified under section (6) of this rule, the caseworker must notify each individual in subsection (5)(a) of this rule and the adoption worker for each identified potential adoptive resource that the adoption selection process has been suspended.

(8) When the adoption selection process has been suspended, the adoption workers must notify each identified potential adoptive resource that the adoption selection process has been suspended.

(9) The timelines in this rule may be changed when the caseworker, the adoption worker for each of the identified potential adoptive resources, and each individual in section (5) of this rule agree on a new timeline.

(10) After considering the input from individuals in section (5) of this rule, the caseworker — following consultation with his or her supervisor — makes the adoption placement selection for a child or sibling group under consideration when OAR 413-120-0020(1) applies.

(11) On the day that the selection is made, the child's caseworker must notify the adoption workers for each of the indentified potential adoptive resources who were considered for the adoption placement selection.

(12) By the end of the next business day following the adoption placement selection, the child's caseworker must send written notification of the adoption placement selection to each of the following individuals:

(a) The CASA;

(b) The child's attorney;

(c) A tribal representative if the child or young adult is an Indian child; and

(d) A member of the RCWAC, if the child is a refugee child.

(13) By the end of the next business day following the adoption placement selection, written notification on a form approved by the Department must be sent to each identified potential adoptive resource of whether or not they were selected as the adoptive resource by the following individuals:

(a) A Department adoption worker; or

(b) The child's caseworker when the adoption worker is a private agency employee.

(14) Notifications in sections (12) and (13) of this rule must contain information on the Department's review process as described in OAR 413-120-0060, unless the identified potential adoptive resources were all general applicants.

(15) Within three days of the adoption placement selection, the caseworker must assure that:

(a) The adoption placement selection and the basis for that selection are documented on a Department-approved form; and

(b) The central office Adoption Program is notified of the adoption placement selection.

(16) Any individual who received a copy of an adoption home study or other written documents during the adoption selection process must return the materials to the Department within seven business days of the notice of the adoption placement selection.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285, 419B.192
Hist.: CWP 31-2010, f. & cert. ef. 12-29-10; CWP 5-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11; CWP 19-2011, f. & cert. ef. 9-19-11

413-120-0025

Composition of an Adoption Committee

(1) An adoption committee must be composed of the following individuals:

(a) The caseworker of each child for whom adoption placement selection is being made;

(b) Three individuals appointed by the Child Welfare Program Manager or designee for a local adoption committee, and by the Adoption Program Manager, assistant Adoption Program Manager, or designee for a central office adoption committee:

(A) The committee facilitator, who must be a Department staff person; and

(B) Two other individuals, who may be a community partner or a Department staff person.

(2) The following individuals for each child for whom adoption placement selection is being made must be notified of the adoption committee and may be adoption committee members, if they so choose, under OAR 413-120-0053(1):

(a) The CASA;

(b) The child's attorney;

(c) A tribal representative if the child is an Indian child; and

(d) A member of the RCWAC, if the child is a refugee child.

(3) The adoption worker for each identified potential adoptive resource must attend the full adoption committee.

(4) With the approval of the committee facilitator, the following individuals may attend the adoption committee:

(a) The supervisor for an individual identified in section (1), (2), or (3) of this rule; and

(b) Department staff, for training or observation purposes.

(5) When the caseworker for a child or the adoption worker for a potential adoptive resource is unavailable, the responsible agency may substitute another worker or supervisor, who is familiar with the case, to attend the adoption committee on their behalf.

(6) Committee members appointed under subsection (1)(b) of this rule must meet the following requirements:

(a) Be knowledgeable of adoption and permanency issues;

(b) Be knowledgeable of the importance of lifelong family and cultural connections; and

(c) Have no personal or current professional relationship to any of the children for whom adoption placement selection is being made or to the potential adoptive resources being considered.

(7) The committee facilitator appointed under paragraph (1)(b)(A) of this rule must comply with all of the following subsections:

(a) Hold the meeting in accordance with the requirements of Chapter 413 of the Oregon Administrative Rules;

(b) Inform each individual who is present of the responsibilities of the committee;

(c) Have each individual who is present sign a confidentiality agreement for the proceedings of the adoption committee meeting;

(d) Ensure the individuals who are invited to attend and present information to the committee as described in OAR 413-120-0035(5) are:

(A) Allowed to present information appropriate for consideration for each child for whom adoption placement selection is being made; and

(B) Excused in a timely manner.

(e) Give the committee recommendations to the ADS at the end of the adoption committee meeting.

(8) The ADS:

(a) Is appointed by the Adoption Program Manager and must:

(A) Have significant expertise in the areas of adoption and permanency issues;

(B) Have experience with adoption placement planning;

(C) Be knowledgeable of the importance of lifelong family and cultural connections; and

(D) Have no personal or current professional relationship to the child, sibling group under consideration, or the potential adoptive resources being considered.

(b) Must attend the adoption committee and may ask clarifying questions, but does not participate in the deliberations or recommendations of the adoption committee.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285, 419B.192
Hist.: CWP 31-2010, f. & cert. ef. 12-29-10

413-120-0035

Invitation to and Notification of Adoption Committee

(1) In preparation for and prior to scheduling an adoption committee, the caseworker for each child and the adoption worker for each potential adoptive resource must comply with the provisions of Child Welfare Policy I-G.1.2, "Identification and Consideration of Potential Adoptive Resources", OAR 413-120-0700 to 413-120-0760.

(2) No later than ten business days before the scheduled adoption committee, the Department must send the ADS and each individual identified in OAR 413-120-0025(1), (2), and (3) all of the following:

(a) Notification of the date, time, and location of the adoption committee.

(b) A copy of each of the up to three adoption home studies and the written information released under OAR 413-120-0016(1) and (2).

(c) Written information about the needs of each child under consideration.

(d) A notice that confidential information may not be re-released, under OAR 413-120-0016(4).

(e) A request to thoroughly review all of the information provided before the date of the adoption committee when the individual will be serving as a committee member.

(3) Information in subsections (2)(b), (2)(c), (2)(d) and (2)(e) of this rule need not be provided again to the caseworker for each child under consideration and the adoption worker for each potential adoptive resource.

(4) Individuals identified in OAR 413-120-0025(1), (2), and (3) may request that the Department invite individuals to the adoption committee to present information regarding a child's needs.

(5) The Department has the discretion to invite the following individuals to attend and present information regarding the child's current and lifelong needs to an adoption committee:

(a) The child, on a case by case basis, when the child's caseworker determines the child's attendance is appropriate;

(b) The child's current or previous substitute caregiver, unless the individual is being considered as a potential adoptive resource for the child; and

(c) Any other individual who has significant information about the current and lifelong needs of the child relevant to the selection of an adoptive resource.

(6) Any individual invited to provide information related to the child's needs may present information to the adoption committee in person, by telephone, through electronic communication, or in writing.

(7) A potential adoptive resource may provide supplemental information regarding his or her ability to meet the current and lifelong needs of the child or sibling group under consideration through the adoption worker. An identified potential adoptive resource and his or her legal or personal advocate may not attend an adoption committee.

(8) When the notification in section (2) of this rule has been provided and a child's relative now expresses interest in being considered as a potential adoptive resource, the Child Welfare Program Manager or designee must:

(a) Review the diligent efforts to identify a child's relatives under Child Welfare Policy I-E.1.1., "Search for and Engagement of Relatives", OAR 413-070-0060 to 413-070-0063;

(b) Consider the impact of a delay in achieving permanency on the best interests of the child; and

(c) Make a determination whether it is in the child's best interest for an adoption home study to be conducted with the relative despite the delay in achieving permanency.

(9) When a Child Welfare Program Manager informs the caseworker of the determination to consider a relative identified under section (8) of this rule, the caseworker must notify each individual identified in OAR 413-120-0025(1), (2), and (3) that the adoption selection process has been suspended.

(10) When the adoption selection process has been suspended, the adoption workers must notify each identified potential adoptive resource that the adoption selection process has been suspended.

(11) The timelines in this rule may be changed by the committee facilitator when the individuals identified in OAR 413-120-0025(1), (2), and (3) agree on a new timeline.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 16-1999, f. & cert. ef. 8-12-99; SOSCF 2-2001(Temp), f. & cert. ef. 1-24-01 thru 7-21-01; SOSCF 35-2001, f. 6-29-01 cert. ef. 7-1-01; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 13-2007, f. & cert. ef. 8-1-07; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10; CWP 5-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11; CWP 19-2011, f. & cert. ef. 9-19-11

413-120-0045 [Renumbered to 413-120-0880]

413-120-0053

The Adoption Committee

(1) An individual described in OAR 413-120-0025(2) attending an adoption committee must inform the committee facilitator at the beginning of the adoption committee whether the individual intends to serve as an adoption committee member. These individuals may present written or oral information regarding the needs of the child during the adoption committee, whether or not they are serving as adoption committee members.

(2) An individual invited to attend the adoption committee under OAR 413-120-0035(5) to present information about the child must:

(a) Present written or oral information regarding the needs of the child during the adoption committee; and

(b) Respond to clarifying questions from adoption committee members and the ADS; and

(c) Leave when excused from the adoption committee, prior to the presentation of the potential adoptive resources.

(3) The adoption workers must present information on the knowledge, skills, and abilities of the potential adoptive resource in relation to meeting the current and lifelong needs of the child.

(4) After all presentations have been completed:

(a) The following individuals must remain at the adoption committee:

(A) The adoption committee members;

(B) Each adoption worker presenting information regarding a potential adoptive resource; and

(C) The ADS.

(b) The following individuals may remain at the adoption committee, if they so choose:

(A) Department staff or supervisors as described in OAR 413-120-0025(4).

(B) Individuals described in OAR 413-120-0025(2) attending an adoption committee who have elected not to serve as committee members.

(5) The adoption committee members must:

(a) Consider all of the information, deliberate, and make recommendations regarding the adoptive resource most likely to permanently and fully integrate the child into the family and meet the current and lifelong needs of each child for whom potential adoptive resources are being considered.

(A) When adoption committee members all agree, the adoption committee may make one or more of the following recommendations:

(i) A single potential adoptive resource is the most appropriate.

(ii) An order of preference of appropriate adoptive resources.

(iii) A potential adoptive resource is not appropriate and should not be considered.

(B) When the adoption committee cannot reach agreement, each adoption committee member makes his or her respective recommendations known to the committee facilitator.

(b) At the conclusion of the adoption committee, the committee facilitator must record the recommendations on a form approved by the Department and submit the form to the ADS.

(6) All confidential written information provided for the purpose of adoption placement selection to individuals who are not Department staff must be:

(a) Retained by the Department at the conclusion of the adoption committee when the individual attended the committee; and

(b) Returned to the Department within seven business days when the individual did not attend the committee.

Stat. Auth: ORS 418.005, 418.280, 418.285
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10

413-120-0057

The Adoption Selection and Notification

(1) Adoption Placement Selection.

(a) The ADS must make a decision regarding the adoption placement selection no later than the end of the next business day following the scheduled adoption committee.

(b) The ADS may make one of the following adoption placement selection decisions from the identified potential adoptive resources presented at the adoption committee:

(A) Select one adoptive resource.

(B) Select an adoptive resource and identify a second adoptive resource as an alternate in the event that the selected adoptive resource is subsequently found to be unavailable or no longer deemed by the Department to meet the current and lifelong needs of the child under Child Welfare Policy I-G.1.10, "Supervision and Support of an Adoptive Placement", OAR 413-120-0800 to 413-120-0880.

(C) Select none of the potential adoptive resources.

(2) Notification of the Adoption Placement Selection.

(a) The ADS must send written notification to the child's caseworker, the adoption workers, and the committee facilitator of the adoption placement selection, and alternate if one was named, no later than the end of the next business day following the scheduled adoption committee.

(b) By the end of the next business day following the notice sent in subsection (a) of this section, written notification on a form approved by the Department must be sent as follows:

(A) Each potential adoptive resource who was presented at the adoption committee must be notified by the following individuals of whether or not they were selected:

(i) A Department adoption worker; or

(ii) The child's caseworker when the adoption worker is a private agency employee.

(B) The child's attorney, CASA, tribal representative, a member of the RCWAC, and the private adoption agency representing a potential adoptive resource, as applicable, must be notified of the adoption placement selection by the child's caseworker.

(C) Notices in paragraphs (A) and (B) of this subsection must contain information on the Department's review process as described in OAR 413-120-0060, except when the potential adoptive resources were all general applicants.

(3) The ADS must send written documentation on a form approved by the Department regarding the adoption placement selection, the alternate when one is named, and the basis for those decisions to the central office Adoption Program within two business days following the adoption committee.

Stat. Auth: ORS 418.005, 418.280, 418.285
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10

413-120-0060

Review of the Adoption Placement Selection

(1) A review may not be requested of an adoption placement selection when each potential adoptive resource was a general applicant.

(2) Except as provided in section (1) of this rule:

(a) Each of the following individuals may request a review of the process and the adoption placement selection under OAR 413-120-0021(10) or 413-120-0057(1):

(A) The child.

(B) The child's attorney.

(C) The CASA.

(D) A tribal representative.

(E) A member of the RCWAC.

(F) The child's caseworker, with the approval of the caseworker's supervisor and the Child Welfare Program Manager or designee.

(G) A relative or current caretaker who was considered as the adoptive resource but was not selected.

(b) A request for review of the process and decision made in the adoption placement selection must be in writing and received by the Adoption Program Manager or designee within seven calendar days of the notification of the adoption placement selection under OAR 413-120-0021(12)-(13) or 413-120-0057(2)(b).

(c) When a request for review has been received, the Adoption Program Manager or designee must notify the DHS Assistant Director for CAF or designee and must send written notice of the request to the following individuals:

(A) Each of the potential adoptive resources considered by the caseworker or adoption committee and ADS;

(B) The child's caseworker;

(C) The adoption worker for each of the potential adoptive resources considered;

(D) The supervisors of the workers;

(E) The child's attorney;

(F) The child's CASA;

(G) The tribe, if the child is an Indian child;

(H) A member of the RCWAC, if the child is a refugee child; and

(I) The local Child Welfare Program Manager.

(d) The DHS Assistant Director for CAF or designee must decide whether to grant a review of the adoption placement selection within 14 calendar days after the notice of the adoption placement selection under OAR 413-120-0021(12)–(13) or 413-120-0057(2)(b). Written notice of the decision whether or not to conduct a review must be sent to the individuals listed in subsection (c) of this section and to the Adoption Program Manager. This written notice is not required to be provided within the 14 calendar day timeline for the decision whether to grant a review.

(e) The DHS Assistant Director for CAF or designee may, on his or her initiative and without a request for a review, give notice of intent to review the adoption placement selection when the decision to review is made within seven calendar days following the date of the notice of the adoption placement selection in OAR 413-120-0021(12)-(13) or 413-120-0057(2)(b).

(f) The DHS Assistant Director for CAF or designee may conduct the review by any of the following methods:

(A) Personally conduct a review of information considered in making the adoption placement selection and may consider additional, relevant information about the child or potential adoptive resource.

(B) Refer the adoption placement selection to a review committee appointed by and at the discretion of the DHS Assistant Director for CAF or designee to:

(i) Review the information considered in making the original adoption placement selection;

(ii) Consider additional relevant information about the child or potential adoptive resources; and

(iii) Issue a recommendation that the DHS Assistant Director for CAF or designee affirm or modify the original adoption placement selection of the caseworker or the ADS or recommend a different adoption placement selection.

(C) Appoint another individual to:

(i) Review the information considered in making the original adoption placement selection;

(ii) Consider additional relevant information about the child or potential adoptive resources; and

(iii) Issue a recommendation that the DHS Assistant Director for CAF or designee affirm or modify the original adoption placement selection of the caseworker or the ADS, or recommend a different adoption placement selection.

(g) The DHS Assistant Director for CAF or designee must provide written notification of the decision affirming or changing the original adoption placement selection to the individuals identified in subsection (2)(c) of this rule and the Adoption Program Manager.

(3) Notwithstanding sections (1) and (2) of this rule, the DHS Assistant Director for CAF may reconsider a decision and require the actions in subsection (2)(f) of this rule to occur when the following conditions exist:

(a) The time to request review of an adoption placement selection under subsection (2)(b) of this rule has expired;

(b) There is no request for review pending; and

(c) The deadline set by statute for a person entitled to seek judicial review of an adoption placement selection entered under this rule has not expired.

(4) The adoption placement selection made by the DHS Assistant Director for CAF or designee under this rule is final.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96; SCF 9-1997(Temp), f. & cert. ef. 8-15-97; SOSCF 7-1998, f. & cert. ef. 2-10-98; SOSCF 16-1999, f. & cert. ef. 8-12-99; SOSCF 2-2001(Temp), f. & cert. ef. 1-24-01 thru 7-21-01; SOSCF 35-2001, f. 6-29-01 cert. ef. 7-1-01; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 13-2007, f. & cert. ef. 8-1-07; CWP 23-2007(Temp), f. & cert. ef. 12-12-07 thru 6-9-08; CWP 4-2008, f. 5-30-08, cert. ef. 6-1-08; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10; CWP 5-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11; CWP 19-2011, f. & cert. ef. 9-19-11

413-120-0075 [Renumbered to 413-120-0835]

Legalizing the Adoption

413-120-0100

Purpose

These rules define the process for legalizing an adoptive placement for children in the permanent custody of the Department of Human Services (Department).

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 419B.529
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96; CWP 5-2004, f. & cert. ef. 4-1-04

413-120-0105

Definitions

(1) "Legalization" is the process of giving an adoptive placement legal validity.

(2) "Consent to the Adoption": The Consent to the Adoption documents that the adoptive parents have been investigated and approved by the Department and gives permission for the adoption.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 419B.529
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 22-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 5-2004, f. & cert. ef. 4-1-04

413-120-0110

Values

(1) Creating a legal child-parent relationship is the final goal of adoption.

(2) Achieving permanency for the child is important.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 109.307, ORS 109.309 & ORS 109.316
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96

413-120-0115

Procedures

(1) When adoption assistance has been approved, and the adoptive parents decide to use a "qualified vendor" attorney, the Adoption Assistance staff send the family a Qualified Vendor Agreement and the Qualified Vendor Attorney List. The family and the attorney must sign the Qualified Vendor Agreement and return it to the central Adoptions Services Unit. Upon receipt of the adoption decree, the adoption assistance staff will prepare the request to reimburse the attorney in accordance with the Department's contract with the attorney.

(2) If the adoptive parents choose to use an attorney who is not on the Qualified Vendor Attorney List, the adoption assistance staff will send the adoptive parents a Non Vendor Agreement. The adoptive parents must sign the agreement and return it to the Adoption Services Unit. Upon receipt of the adoption decree, the adoption assistance staff will reimburse the adoptive parents at the same rate as for a vendor attorney. The adoptive parents are responsible for any additional charges billed by the attorney and are responsible to reimburse the attorney for those charges.

(3) Department employees may not recommend an attorney to serve as counsel for the prospective parents.

(4) When the central office Adoptions Services Unit has received the request for consent to the adoption and the vendor or non-vendor agreement, the adoption assistance is in place, and the Legal Assistance Specialist has given approval, the Adoptions Services Unit will prepare the consent to be signed by the Adoption Services Manager or another person designated by the Assistant Director for Children, Adults and Families. In addition to the Consent to the Adoption, the Department's Adoption Services Unit will provide the adoptive parents or their attorney with the following documents to be filed with the petition:

(a) A certified copy of the court orders or the original release and surrender documents which show that the Department has permanent custody of the child and the authority to consent to the child's adoption.

(b) ICWA correspondence, if applicable.

(c) Statement of verification that the birth parents and the petitioners have been advised of the voluntary adoption registry.

(d) Documentation regarding compliance with the Interstate Compact on Placement of Children, if applicable.

(e) A copy of a signed legally enforceable Post Adoption Communication Agreement, if available.

(f) Affidavits, if applicable.

(5) After receiving the documents listed in (4), the Department will send the Consent to Adopt to the attorney for the adoptive family. Within 30 calendar days of the date the Department sends the Consent to Adopt, the attorney must file the petition (unless a petition is not required under ORS 419.B529). After the central office Adoptions Services Unit receives a copy of the petition filed with the court, the Department will provide the court with the written court report waiving the 90-day waiting period.

(6) After the Department sends the Consent to Adopt to the attorney, the attorney prepares the petition if required and files it with the court, and the Department sends the written court report to the court, the attorney must, within 30 days following the court's receipt of the report to the court, prepare a decree and send it to the court or schedule an Adoption Ceremony.

(7) The court granting the adoption decree will provide the central office Adoption Services Unit with a copy of the adoption decree.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.307, 109.309, 109.316, 419B.529
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 7-1999, f. & cert. ef. 5-14-99; SOSCF 22-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 39-2003(Temp), f. & cert. ef. 11-25-03 thru 5-21-04; CWP 5-2004, f. & cert. ef. 4-1-04

Legalizing the Adoption if Petition Not Required

413-120-0142

Purpose

ORS 419B.529 sets forth conditions under which a prospective adoptive parent is not required to file a petition for adoption. These rules establish DHS's responsibilities in the process for legalizing an adoption through the juvenile court where a petition for adoption is not required.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 419B.529
Hist.: SOSCF 12-1999, f. & cert. ef. 7-6-99; SOSCF 48-2001, f. 12-31-01 cert. ef. 1-1-02

413-120-0145

Values

(1) Every child needs and deserves a safe, nurturing, and permanent home.

(2) Creating a legal child parent relationship is the final goal of adoption.

(3) Expediting legalization of adoption is desirable if the interests of the child and adoptive family are protected and basic requirements met.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 419B.529
Hist.: SOSCF 12-1999, f. & cert. ef. 7-6-99

413-120-0150

Definitions

(1) "Adoption Decree" means a decree which a court issues, pursuant to a petition for adoption, setting forth the facts of the case and ordering that from the date of the decree the child, to all legal intents and purpose, is the child of the petitioner.

(2) "Home Study" means a written evaluation of the prospective adoptive parent(s)' suitability to adopt and parent a child who may be placed for adoption. The home study is completed prior to the filing of a petition to adopt, in accordance with the Department's reporting format and standards, and states whether or not the prospective adoptive parents meet the minimum standards for adoptive homes as set forth in DHS CAF administrative rules, OAR 413-120-0300 through 413-120-0310.

(3) "Legalization" means the process of giving an adoptive placement legal validity.

(4) "Petition for Adoption" means a petition, filed in circuit court by any person, for leave to adopt another person.

(5) "Placement Report" means a comprehensive written report and recommendation to the court prepared after the filing of a petition and after the child is placed for the purpose of adoption. The report is completed in accordance with the Department's prescribed reporting format and includes information about the child's background and placement; medical and genetic history; birth parent(s)' history; status and adjustment of the child in the adoptive home; and status and adjustment of the child's prospective adoptive parent(s).

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 419B.529
Hist.: SOSCF 12-1999, f. & cert. ef. 7-6-99; SOSCF 48-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 9-2004, f. & cert. ef. 4-1-04

413-120-0155

Conditions for Not Filing a Petition for Adoption

Pursuant to ORS 419B.529 and notwithstanding ORS 109.309, a prospective adoptive parent is not required to file a petition for adoption if all of the following conditions are in place:

(1) A juvenile court that is a circuit court has entered an order of permanent commitment of the child to DHS pursuant to ORS 419B.527, or the parent has signed and Department of Human Services Office of Safety and Permanency for Children has accepted a release and surrender to the Department and a certificate of irrevocability and waiver as provided in ORS 418.270 regarding the child.

(2) DHS has completed a home study that finds the prospective adoptive parent(s) suitable to adopt the child and consents to the adoption; and

(3) The adoptive parent(s) elect to legalize the adoption through the juvenile court.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 419B.529
Hist.: SOSCF 12-1999, f. & cert. ef. 7-6-99; SOSCF 48-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 9-2004, f. & cert. ef. 4-1-04

413-120-0160

Right to Use Expedited Process

The adoption worker shall inform the adoptive parent(s) in writing of their right to use this expedited process, using form CF 438, Legalizing the Adoption.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 419B.529
Hist.: SOSCF 12-1999, f. & cert. ef. 7-6-99

413-120-0165

Requirements Prior to Proceeding to Legalization of the Adoption

When the supervision period is concluded and the Adoption Services Unit receives a request from the adoptive parent(s) or their legal representative to proceed with finalization of the adoption in the juvenile court, the Adoption Services Unit shall assure that the following requirements have been met or processes have been completed before proceeding with forwarding the matter to the juvenile court for legalization:

(1) The requirements of the Indian Child Welfare Act (ICWA) have been met (OAR 413-070-0100 through 0260).

(2) If applicable, the requirements of the Interstate Compact on Placement of Children have been met (OAR 413-040-0200 through 0330).

(3) The birth parent(s) and petitioners have been advised of the Voluntary Adoption Registry (OAR 413-130-0300 through 0360).

(4) The worker has assessed the child's need for openness in adoption, and if appropriate to the case, has provided information to the adoptive parent(s) and facilitated the development of a Post Adoption Communication Agreement (OAR 413-120-0610 through 0650); and

(5) The child has been referred to the Adoption Assistance Program; and if the child meets the criteria, a written Adoption Assistance Agreement has been completed, (OAR 413-130-0000 through 0110). If the adoptive parent(s) decline to participate in the Adoption Assistance Program, the worker must obtain a statement signed by the adoptive parent(s) which says that they have been fully informed of the availability of the Adoption Assistance Program and waive their rights to these benefits now and in the future.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 419B.529
Hist.: SOSCF 12-1999, f. & cert. ef. 7-6-99; SOSCF 48-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 9-2004, f. & cert. ef. 4-1-04

413-120-0170

Attorney Fees

If Adoption Assistance has been approved, and the adoptive parent(s) elect to use an attorney to assist with legalization, the adoptive parent(s) can request reimbursement for reasonable and necessary attorney fees through the Adoption Assistance Program pursuant to OAR 413-130-0080(1), (4), 413-130-0090, and 413-120-0115(1) and (2).

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 419B.529
Hist.: SOSCF 12-1999, f. & cert. ef. 7-6-99

413-120-0175

Court Filing Requirements

When the requirements of OAR 413-120-0165 have been met, the Adoption Services Unit will send the following to the attorney selected by the adoptive family, and the attorney must file with the court:

(1) A written consent to the adoption.

(2) A placement report requesting the juvenile court to enter a decree of adoption.

(3) Indian Child Welfare Act statement, ORS 109.309(10)(a-b).

(4) Statement regarding Voluntary Adoption Registry Notification, ORS 109.35.

(5) Documentation regarding compliance with the Interstate Compact on Placement of Children, Article IV, ORS 417.200.

(6) Adoption Disclosure Statement, form CF 960.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 419B.529
Hist.: SOSCF 12-1999, f. & cert. ef. 7-6-99; CWP 40-2003(Temp), f. & cert. ef. 11-25-03 thru 5-21-04; CWP 9-2004, f. & cert. ef. 4-1-04

Adoption Applications, Adoption Home Studies, and Standards for Adoption

413-120-0190

Purpose

These rules (OAR 413-120-0190 to 413-120-0246) describe the Department's:

(1) Adoption application requirements for Oregon residents.

(a) Applying to adopt a child in the legal custody of the Department.

(b) Submitting an application to the Department to conduct an adoption home study for a child in the custody of a public child welfare agency in another state after the agency in the other state has submitted an adoptive placement request to the Department in accordance with the ICPC.

(c) Submitting an application to the Department to conduct an adoption home study for a child in the custody of a public child welfare agency in another country after the agency in the other country has submitted an adoption home study request to the Department and in accordance, when applicable, with Child Welfare Policy I-G.1.14, "Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act", OAR 413-120-0900 to 413-120-0970.

(2) Authority regarding adoption applications submitted to the Department.

(3) Adoption home study criteria for individuals applying to adopt a child in the legal custody of the Department.

(4) Standards for an adoptive home for a child in the custody of the Department.

(5) Authority to release an adoption home study.

Stat. Auth.: ORS 418.005, 418.280, 418.285
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: SOSCF 36-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 37-2008, f. & cert. ef. 11-3-08; CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10

413-120-0195

Definitions

The following definitions apply to OAR 413-120-0190 to 413-120-0246:

(1) "Adoption agency" means an organization providing the services under any one of the following subsections:

(a) Identifying a child for adoption and arranging an adoption.

(b) Securing the necessary consent to relinquishment of parental rights and to adoption.

(c) Performing a background study on a child or a home study on a prospective adoptive parent and reporting on such a study.

(d) Making determinations of the best interests of a child and the appropriateness of adoption placement for a child.

(e) Monitoring a case after placement until final adoption.

(f) When necessary because of disruption before final adoption, assuming custody and providing child care or other social services for a child pending an alternative placement.

(2) "Adoption home study" means a written report documenting the result of an assessment conducted by the Department, a licensed adoption agency, or by another public agency to evaluate the suitability of an individual or individuals to adopt and to make a lifelong permanent commitment to a child or children.

(3) "Adoption placement selection" means a decision made by the Department that an individual or individuals have been identified as the adoptive resource for a child.

(4) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request, or if a review was requested, the selection has been sustained by that review and the review is complete.

(5) "Child" means a person under 18 years of age.

(6) "Current caretaker" means a foster parent who:

(a) Is currently caring for a child in the legal custody of the Department who has a permanency plan or concurrent permanent plan of adoption;

(b) Has cared for the child or at least one sibling in a sibling group under consideration for at least the past 12 consecutive months; and

(c) Has been identified by the Department as a potential adoptive resource for the child and when appropriate, the siblings in a sibling group under consideration for adoption in the same adoptive family.

(7) "Department" means the Department of Human Services, Child Welfare.

(8) "Foster parent" means an individual who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.

(9) "General applicant" means an individual who:

(a) Is neither a relative or current caretaker; and

(b) Has submitted a completed application to adopt a child.

(10) "ICPC" means the Interstate Compact on the Placement of Children (see ORS 417.200).

(11) "Indian child" means any unmarried person who is under 18 years of age and is either:

(a) A member of an Indian tribe; or

(b) Eligible for membership in an Indian tribe and is the biological child of a member of an Indian tribe.

(12) "Relative" means (each of the following individuals is a "relative"):

(a) An individual with one of the following relationships to the child or young adult through the parent of the child or young adult unless the relationship has been dissolved by adoption of the child, young adult, or parent:

(A) Any blood relative of preceding generations denoted by the prefixes of grand, great, or great-great.

(B) Any half-blood relative of preceding generations denoted by the prefixes of grand, great, or great-great (individuals with one common biological parent are half-blood relatives).

(C) A sibling, also to include an individual with a sibling relationship to the child or young adult through a putative father.

(D) An aunt, uncle, nephew, niece, first cousin, and first cousin once removed.

(E) A spouse of anyone listed in paragraphs (A) to (D) of this subsection, even if a petition for annulment, dissolution, or separation has been filed or the marriage is terminated by divorce or death. To be considered a "relative" under this paragraph, the child or young adult must have had a relationship with the spouse prior to the most recent episode of Department custody.

(b) An individual with one of the following relationships to the child or young adult:

(A) An individual defined as a relative by the law or custom of the tribe of the child or young adult if the child or young adult is an Indian child under the Indian Child Welfare Act or in the legal custody of a tribe.

(B) An individual defined as a relative of a refugee child or young adult under Child Welfare Policy I-E.2.2, "Placement of Refugee Children", OAR 413-070-0300 to 413-070-0380.

(C) A stepparent or former stepparent if the child or young adult had a relationship with the former stepparent prior to the most recent episode of Department custody; a stepbrother; or a stepsister.

(D) The registered domestic partner of the parent of the child or young adult or a former registered domestic partner of the parent of the child or young adult if the child or young adult had a relationship with the former domestic partner prior to the most recent episode of Department custody.

(E) The adoptive parent of a sibling of the child or young adult.

(F) The unrelated legal or biological father or mother of a half-sibling of the child or young adult when the half-sibling of the child or young adult is living with the unrelated legal or biological father or mother.

(c) An individual identified by the child or young adult or the family of the child or young adult, or an individual who self-identifies, as being related to the child or young adult through the parent of the child or young adult by blood, adoption, or marriage to a degree other than an individual specified as a "relative" in paragraphs (A) to (D) of subsection (a) of this section unless the relationship has been dissolved by adoption of the child, young adult, or parent.

(d) An individual meeting the requirements of at least one of the following paragraphs:

(A) Not related to the child, young adult, or parent by blood, adoption, or marriage:

(i) Who is identified as a member of the family by the child or young adult or by the family of the child or young adult; and

(ii) Who had an emotionally significant relationship with the child or young adult or the family of the child or young adult prior to the most recent episode of Department custody.

(B) Who has a blood relationship to the child or young adult as described in paragraphs (a)(A) to (D) of this section through the birth parent of the child or young adult, but the prior legal relationship has been dissolved by adoption of the child, young adult, or parent.

(e) For eligibility for the guardianship assistance program:

(A) A stepparent is considered a parent and is not a "relative" for the purpose of eligibility for guardianship assistance unless a petition for annulment, dissolution, or separation has been filed, or the marriage to the adoptive or biological parent of the child has been terminated by divorce or death.

(B) A foster parent may only be considered a "relative" for the purpose of eligibility for guardianship assistance when:

(i) There is a compelling reason why adoption is not an achievable permanency plan;

(ii) The foster parent is currently caring for a child, in the care or custody of the Department or a participating tribe, who has a permanency plan or concurrent permanent plan of guardianship;

(iii) The foster parent has cared for the child for at least 12 of the past 24 months; and

(iv) The Department or tribe has approved the foster parent for consideration as a guardian.

(13) "Sibling" means one of two or more children or young adults related:

(a) By blood or adoption through a common legal parent;

(b) Through the marriage of the legal or biological parents of the children or young adults; or

(c) Through a legal or biological parent who is the registered domestic partner of the legal or biological parent of the children or young adults.

(14) "Substitute caregiver" means a relative caregiver, foster parent, or provider who is authorized to provide care to a child or young adult who is in the legal or physical custody of the Department.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: SOSCF 36-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 37-2008, f. & cert. ef. 11-3-08; CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10; CWP 11-2014, f. & cert. ef. 6-3-14

413-120-0220

Adoption Application Requirements

(1) A resident of Oregon applying to adopt a child in the legal custody of the Department must submit an application for an adoption home study to the Department or to a licensed adoption agency willing to contract with the Department or willing to allow another licensed adoption agency to contract with the Department for post placement supervision services as outlined in OAR 413-120-0830(2)(c).

(2) Applications.

(a) The Department accepts applications for an adoption home study from Oregon residents applying to adopt a child:

(A) In the custody of the Department;

(B) In the custody of a public child welfare agency in another state following receipt of an ICPC request from the agency in the other state; or

(C) In the custody of a public child welfare agency in another country following a request from the agency in the other country and in accordance, when applicable, with Child Welfare Policy I-G.1.14 "Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act", OAR 413-120-0900 to 413-120-0970.

(b) The Department accepts applications for an adoption home study for Oregon residents who have previously applied or are currently applying through another adoption agency. The applicant must:

(A) Sign a release of information allowing ongoing communication with the other adoption agency; and

(B) Sign a release of information allowing the Department to obtain a copy of the adoption file of the individual.

(3) An application submitted to the Department must include all of the following:

(a) An adoption application form;

(b) A signed, valid release of information from each applicant who is a subject of the adoption home study allowing the adoption home study to be released to the individuals and for the purposes described in OAR 413-120-0246(2);

(c) An Adoptive Family Information and Placement Preference form, unless the Department determines this is not required due to the existing relationship between the child and the applicant;

(d) Financial information, current within 12 months of application, demonstrating the ability of the applicant to meet the needs of the family and the child to be adopted;

(e) Medical information current within 24 months of application;

(f) When applicable, mental health information;

(g) When applicable, copy of marriage certificate, divorce verification, or death certificate of spouse;

(h) Consent to a criminal offender information records check for each applicant and all household members age 18 and older under Child Welfare Policy I-G.1.4, "Oregon Computerized Criminal History Checks and Nationwide Criminal History Checks through the FBI for Relative Caregivers, Foster Parents, Other Persons in the Household and Adoptive Parents for Children in the Care or Custody of DHS", OAR 413-120-0400 to 413-120-0470;

(i) Consent to a child abuse and neglect background check for each adoptive applicant and all household members age 18 and older; and

(j) Names and contact information of four references, two of whom may be relatives of the adoptive applicant, who can attest to the character and ability of the adoptive applicant to provide safe and protective care for a child.

(4) The Department may require additional information from an adoptive applicant to assess the ability of the applicant to meet the standards of an adoptive home.

(5) The adoptive applicant must be at least 21 years of age, unless one of the following subsections applies:

(a) The Child Welfare Program Manager or designee has approved a relative adoptive applicant between the ages of 18 through 20 years; or

(b) The child is an Indian child and the adoptive applicant is:

(A) A member of the child's extended family;

(B) Another member of the Indian child's tribe; or

(C) Another Indian family.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 36-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 37-2008, f. & cert. ef. 11-3-08; CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10

413-120-0222

Conflict of Interest for Adoptive Applicants

(1) When an adoptive applicant under OAR 413-120-0220 is a Department of Human Services (DHS) staff member, the requirements of DHS Administrative Policy DHS-060-002, "Conflict of Interest Policy" and "Conflict of Interest Policy Addendum for CAF Employees" apply.

(2) When an adoptive applicant under OAR 413-120-0220 is not a DHS staff member and the Child Welfare Program Manager determines a potential conflict of interest with the Department exists, section (3) of this rule applies. If the Child Welfare Program Manager is unable to determine if there is a conflict of interest, the Adoption Program Manager or designee makes the determination.

(3) An adoptive applicant who has a conflict of interest with the Department is referred to one of the following entities for application and completion of the adoption home study:

(a) A local child welfare office in another district, upon the approval of the supervisor; or

(b) A contracted adoption agency, with the approval of the Adoption Program Manager or designee.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: CWP 33-2010, f. & cert. ef. 12-29-10

413-120-0225

Conditions that Require Additional Approval or Termination of the Department's Adoption Application Process

(1) Prior to proceeding with an adoption application submitted by an individual who has lost permanent custody of a child, there must be an approval by the Adoption Program Manager or designee, at the request of the District Manager or designee.

(2) The Department may terminate the application process and deny an application at any time or remove a completed adoption home study from consideration, when one or more of the following subsections applies:

(a) Information regarding the adoptive applicant is sufficient to determine the adoptive applicant cannot meet adoption home standards described in OAR 413-120-0246.

(b) An adoptive applicant's license or certificate to provide services to children, the elderly, or individuals with disabilities has previously been or is currently being denied, revoked, or suspended.

(c) The adoptive applicant falsifies or omits information.

(d) The adoptive applicant does not respond to the inquiries and requests for information within the timelines established by the Department.

(e) The adoptive applicant does not submit the required application information under OAR 413-120-0220.

(f) The adoptive applicant is selected by another adoption agency to adopt a child.

(3) When the Department terminates the adoption application process, the caseworker must:

(a) Send written notification of the termination to the adoptive applicant; and

(b) Document the termination and notification in the Department's information system.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10

413-120-0240

Status Notification of Adoption Applications

The Department must send written notice of the status of the application to an individual who has submitted an adoption application to the Department when the requirements of any of the following sections apply:

(1) The adoption home study is not initiated within 180 calendar days from the date the application is received; or

(2) The Department determines that an individual will not be recommended as a potential adoptive resource.

Stat. Auth.: ORS 418.005, 418.280, 418.285
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: SOSCF 36-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 37-2008, f. & cert. ef. 11-3-08; CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10

413-120-0243

Prioritization of an Adoption Home Study Application

The Department has discretion to prioritize adoption home study applications received from the following individuals according to the needs of the child or children awaiting adoption rather than the date of receipt of an application;

(1) An individual applying to adopt a related child.

(2) An individual applying as a current caretaker for a child.

(3) An individual who is a general applicant when the Department has determined that further general recruitment is not required under Child Welfare Policy I-G.1.2, "Identification and Consideration of Potential Adoption Resources", OAR 413-120-0750.

(4) An individual who is a general applicant interested in adopting a child with special needs for whom there are few or no available approved homes.

(5) An individual who is a general applicant other than those described in sections (3) and (4) of this rule.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10

413-120-0246

Standards for an Adoptive Home and Release of an Adoption Home Study

(1) To be approved to adopt a child in the legal custody of the Department, an individual must complete all of the following:

(a) Have an adoption home study recommending the applicant as a potential adoptive resource written, amended, or updated within the 12 months prior to the adoption placement selection, completed by --

(A) The Department under Child Welfare Policy II-B.1, "Certification Standards for Foster Parents, Relative Caregivers, and Pre-Adoptive Parents" OAR 413-200-0301 to 413-200-0396;

(B) An Oregon licensed private agency for an Oregon resident when the home study is prepared by a private agency for an Oregon resident under Child Welfare Policy II-C.1.3, "Licensing Adoption Agencies", OAR 413-215-0401 to 413-215-0481;

(C) An out-of-state agency under Child Welfare Policy I-B.3.4.2, "Interstate Compact on the Placement of Children", OAR 413-040-0200 to 413-040-0330; or

(D) An agency in another country under Child Welfare Policy I-G.1.14, "Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act", OAR 413-120-0900 to 413-120-0970.

(b) Meet the Department's standards for adoptive homes by demonstrating the knowledge, skills, and ability to meet, without agency oversight, the current and lifelong needs of the child for all of the following:

(A) Physical and emotional safety and well-being;

(B) Developing and maintaining connections to the child's family;

(C) Continuity and familiarity;

(D) Appropriate social, educational, developmental, emotional, and physical support;

(E) Integration into the family;

(F) Stability and permanency; and

(G) Maintaining his or her identity, cultural, religious, and spiritual heritage.

(c) Provide evidence of successful completion of a training program approved by the Department, unless the Adoption Program Manager has approved an alternate training program.

(2) Release of an adoption home study. An adoption home study is considered confidential information and, when released under this rule must have a signed, valid release of information from each applicant who is a subject of the adoption home study.

(a) The Department may release a copy of the adoption home study to:

(A) An adoption applicant who is a subject of the adoption home study;

(B) Individuals involved in the adoption placement selection process, under Child Welfare Policy I-G.1.5, Adoption Placement Selection, OAR 413-120-0021 and OAR 413-120-0035;

(C) The court for the purposes of finalizing an adoption; and

(D) A public agency upon the written request of an applicant who is a subject of the adoption home study.

(b) A Child Welfare Program Manager must approve the release of an adoption home study requested for a purpose other than those listed in subsection (a) of this rule.

(c) An individual receiving a copy of an adoption home study must keep the information contained therein confidential.

(d) Before releasing an adoption home study, the Department must redact or summarize information, when necessary, to prevent the identification of individuals, other than the applicants, who provided information for the adoption home study.

(e) When an agency or entity other than the Department completes the adoption home study, the Department must receive approval from the agency or entity that completed the adoption home study before release.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.280, 418.285
Hist.: CWP 15-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 33-2010, f. & cert. ef. 12-29-10

Criminal Records Check Requirements for Relative Caregivers, Foster Parents,
Adoptive Resources, and Other Persons in the Household

413-120-0400

Purpose

(1) These rules (OAR 413-120-0400 to 413-120-0475) describe the criminal records check requirements for those seeking to provide relative care, foster care, or respite care to children in the care or custody of the Department, be approved as adoptive resources for children in the custody of the Department, or be approved as an other person in the household.

(2) These rules set forth the criminal convictions which disqualify a subject individual from being a relative caregiver, foster parent, adoptive resource, or other person in the household.

(3) These rules outline the process by which the Department determines the fitness of a subject individual convicted of or arrested for certain felony and misdemeanor crimes to be a relative caregiver, foster parent, adoptive resource, or other person in the household.

(4) These rules must be used in conjunction with other applicable standards when determining a subject individual's fitness to provide relative care, foster care, or respite care for children in the care or custody of the Department, or to be approved as an other person in the household.

Stat Auth.: ORS 409.050, 418.005, 418.016
Stats. Implemented: ORS 181.537, 181.010-181.560, 409.010, 418.005, 418.016
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 4-1999, f. & cert. ef. 3-22-99; SOSCF 1-2000(T), f. & cert. ef. 1-14-00 thru 7-12-00; SOSCF 14-2000, f. & cert. ef. 7-13-00; SOSCF 23-2001, f. 6-29-01, cert. ef. 7-1-01; SOSCF 11-2002(Temp), f. & cert. ef. 9-13-02 thru 3-12-03; CWP 21-2003, f. & cert. ef. 3-13-03; CWP 31-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 3-2008, f. & cert. ef. 5-15-08; CWP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 1-2009, f. & cert. ef. 2-2-09; CWP 3-2012, f. & cert. ef. 6-26-12

413-120-0420

Definitions

For purposes of these rules (OAR 413-120-0400 to 413-120-0475):

(1) "Authorized designee" means a Department employee who is designated and authorized by the Department to receive and process criminal records check request forms from subject individuals, receive criminal records information from the Background Check Unit, and make fitness determinations as described in these rules.

(2) "Battery" means the use of physical force to injure, damage, or abuse or to cause offensive physical contact.

(3) "Certified family" means an individual or individuals who hold a Certificate of Approval from the Department to operate a home to provide care, in the home in which they reside, to a child or young adult in the care or custody of the Department.

(4) "Child" means an individual under the age of 18.

(5) "Contested case hearing" means a hearing conducted under ORS Chapter 183 and applicable administrative rules.

(6) "Criminal records check" means obtaining and reviewing criminal records as required by these rules and includes any or all of the following:

(a) An Oregon criminal records check where criminal offender information is obtained from the Oregon State Police (OSP) using the Law Enforcement Data System (LEDS). The Oregon criminal records check may also include a review of other criminal records information obtained from other sources.

(b) A national criminal records check where records are obtained from the Federal Bureau of Investigation (FBI) through the use of fingerprint cards sent to OSP and other identifying information. The national criminal records check may also include a review of other criminal records information.

(c) A state-specific criminal records check where records are obtained from law enforcement agencies, courts, or other criminal records information sources located in, or regarding, a state or jurisdiction outside Oregon.

(7) "Department" means the Department of Human Services.

(8) "Fitness determination" means the decision made by an authorized designee, with regard to information obtained through a criminal records check, to either approve or deny a subject individual under these rules. A subject individual who is approved following a criminal records based fitness determination may still be denied approval to be a relative caregiver, foster parent, adoptive resource or an other person in the household if the subject individual does not meet other requirements contained in Department rules governing relative care, foster care, and adoption.

(9) "Foster parent" means an individual who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.

(10) "OSP" means the Oregon State Police.

(11) "Other criminal records information" means information obtained and used in the criminal records check process that is not criminal offender information from OSP. "Other criminal records information" includes but is not limited to police investigations and records, information from local or regional criminal records information systems, justice records, court records, information from the Oregon Judicial Information Network, sexual offender registration records, warrants, Oregon Department of Corrections records, Oregon Department of Transportation's Driver and Motor Vehicle Services Division information, information provided on the background check requests, disclosures by a subject individual, and any other information from any jurisdiction obtained by or provided to the Department for the purpose of conducting a fitness determination.

(12) "Other person in the household" means any individual described in one or more of the following subsections:

(a) An individual 18 years of age or older, who is not in the care and custody of the Department pursuant to ORS 418.015, who is living in the home of:

(A) An applicant to adopt a child in the custody of the Department as described in Child Welfare Policy I-G.1.3, "Adoption Applications, Adoption Home Studies, and Standards for Adoption"(OAR 413-120-0190 to 413-120-0246); or

(B) An applicant to be a foster parent, relative caregiver, or adoptive resource as described in Child Welfare Policy II-B.1, "Standards for Certification of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources" (OAR 413-200-0301 to 413-200-0396).

(b) A respite care provider.

(c) A person who volunteers or is employed by a foster parent or relative caregiver to assist with the care of the children placed in the home.

(d) Any of the following individuals if there is reason to believe the individual may pose a risk to children placed in the home: A member of the household under 18 years of age, a babysitter, or a person who frequents the home.

(13) "Relative caregiver" means an individual who operates a home that has been approved by the Department to provide care for a related child or young adult who is placed in the home by the Department.

(14) "Respite care" means a formal planned arrangement to relieve a certified family's responsibilities by an individual temporarily assuming responsibility for the care and supervision of a child or young adult in the home of the respite provider or certified family. "Respite care" must be less than 14 consecutive days.

(15) "Subject individual" means an individual who:

(a) Applies to adopt a child in the custody of the Department as described in Child Welfare Policy I-G.1.3, "Adoption Applications, Adoption Home Studies, and Standards for Adoption", OAR 413-120-0190 to 413-120-0246;

(b) Applies to be a foster parent, relative caregiver, or adoptive resource as described in Child Welfare Policy II-B.1, "Standards for Certification of Foster Parents and Relative Caregivers and Approval of Potential Adoptive Resources", OAR 413-200-0301 to 413-200-0396; or

(c) Is an other person in the household.

(16) "Violence" means the use of physical force to injure, damage, or abuse.

(17) "Weighing test" means the process in which an authorized designee considers available information to make a fitness determination when a subject individual has potentially disqualifying convictions, arrests, or conditions.

(18) "Young adult" means an individual aged 18 through 20 years.

Stat Auth.: ORS 409.050, 418.005, 418.016
Stats. Implemented: ORS 181.537, 181.010-181.560, 409.010, 418.005, 418.016
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 4-1999, f. & cert. ef. 3-22-99; SOSCF 1-2000(T), f. & cert. ef. 1-14-00 thru 7-12-00; SOSCF 14-2000, f. & cert. ef. 7-13-00; SOSCF 23-2001, f. 6-29-01, cert. ef. 7-1-01; SOSCF 11-2002(Temp), f. & cert. ef. 9-13-02 thru 3-12-03; CWP 21-2003, f. & cert. ef. 3-13-03; CWP 31-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 3-2008, f. & cert. ef. 5-15-08; CWP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 1-2009, f. & cert. ef. 2-2-09; CWP 34-2011(Temp), f. 12-27-11, cert. ef. 12-28-11 thru 6-25-12; CWP 3-2012, f. & cert. ef. 6-26-12

413-120-0440

Circumstances in which a Criminal Records Check Must Occur and Types of Records Checks Required

(1) Circumstances in which the Department conducts criminal records checks.

(a) When a family applies to be certified as a relative caregiver or foster parent under OAR 413-200-0270 to 413-200-0296, the Department must conduct a criminal records check on each applicant and any person who is identified as an other person in the household.

(b) When a family applies to adopt a child under OAR 413-120-0190 to 413-120-0246, the Department must conduct a criminal records check on each applicant and any person who is identified as an other person in the household.

(c) When a subject individual who has not previously been approved as an other person in the household of a certified family seeks approval to be an other person in the household, the Department must conduct a criminal records check on the subject individual. Notwithstanding this requirement, when a person who lives in the household turns 18 years of age during the time that a family is certified, or after a family has been approved as a potential adoptive resource, a criminal records check is not required on the person who turned 18 until the family is being evaluated for renewal of certification or until a previously approved adoption home study is being amended or updated.

(d) When a certified family is being assessed to determine whether or not the certification will be renewed under OAR 413-200-0287, the Department must conduct a criminal records check on each applicant and any person who is identified as an other person in the household.

(e) When a previously approved home study is being amended or updated within the 12 months prior to an adoption placement selection as required by OAR 413-120-0246, the Department must conduct a criminal records check on each applicant and any person who is identified as an other person in the household.

(2) In addition to the required criminal records checks described in section (1) of this rule, the Department may conduct a criminal records check on any subject individual at any time, if deemed necessary by the Department to protect child safety.

(3) Each criminal records check conducted under section (1) of this rule must include a fingerprint-based check of records maintained by the Federal Bureau of Investigation (FBI) unless one of the following subsections applies:

(a) The criminal records check is being conducted for purposes of a certification renewal or an update to a previously approved home study as described in subsections (1)(d) and (1)(e) of this rule, and the subject individual:

(A) Has not lived outside of Oregon for more than 60 consecutive days after the subject individual's last criminal records check;

(B) Has not been arrested since the family was last certified to provide foster care or relative care or approved as a potential adoptive resource; and

(C) Previously had a fingerprint-based check of records maintained by FBI in order to be approved under these rules to live in the home that is being assessed for certification renewal.

(b) The criminal records check is being conducted for purposes of approval of a subject individual to provide respite care, and the subject individual:

(A) Has not lived outside the state of Oregon for more than 60 consecutive days in the last five years;

(B) Does not disclose any history of arrests or convictions;

(C) Is not determined, following a review of the results of a check of Oregon criminal records obtained from OSP's Law Enforcement Data System (LEDS), to have a history of arrests or convictions; and

(D) Is not determined, as a result of review of information received from any other source, to have a history of arrests or convictions.

(c) The criminal records check is being conducted for purposes of approval of a subject individual to be an other person in the household, and the subject individual:

(A) Is under the age of 18;

(B) Is a babysitter; or

(C) Frequents the home but is not a respite provider nor a care-giving employee or volunteer.

(d) The Department determines that the subject individual is unable to submit fingerprints due to a physical or mental condition that makes compliance impossible or presents an undue safety risk to the subject individual or staff, and the District Manager in the District where the criminal records check was initiated provides written approval to forego the fingerprint-based check. The District Manager's written approval, and written documentation of the circumstances that lead to the decision to forego fingerprinting, must be kept with other documents pertaining to the subject individual's criminal records check.

(4) Notwithstanding subsections (3)(a) to (3)(c) of this rule, the Department may require a fingerprint-based check of records maintained by FBI as part of the criminal records check for any subject individual if deemed necessary by the Department to protect child safety.

(5) Each criminal records check conducted under these rules must include a check of Oregon criminal records obtained from OSP's Law Enforcement Data System (LEDS) regardless of whether a fingerprint-based check of records maintained by FBI is conducted or not.

(6) A criminal records check under this rule may also include a review of records obtained from other law enforcement entities, courts, or any other source of criminal information.

(7) A subject individual who is required under these rules (OAR 413-120-0400 to 413-120-0475) to undergo a fingerprint-based check of records maintained by FBI may be approved following a check of Oregon criminal records obtained from OSP's Law Enforcement Data System (LEDS). When an approved subject individual is subsequently determined to have arrests or convictions which were unknown at the time of their approval, the subject individual must be approved following a new fitness determination in order to continue to function in the capacity for which the subject individual was previously approved.

(a) The new fitness determination is required regardless of the severity of the previously unknown criminal history, the length of time since the arrests or convictions occurred, or any other factor pertaining to the history.

(b) The new fitness determination must occur as soon as possible after any new criminal history has been discovered, and no later than 14 working days after the history has been discovered.

(c) The new fitness determination must occur regardless of when previously unknown criminal history is discovered and regardless of whether the history is discovered as a result of information obtained from LEDS, the FBI, or any other credible information source.

(d) The same Department employee who made the original fitness determination must also make the new fitness determination, unless the severity of the newly discovered history requires approval at a higher level of the Department's organizational structure or unless the person who made the original determination is no longer in the position she or he occupied at that time or is otherwise unavailable.

(e) Following the discovery of previously unknown criminal history, and pending a new fitness determination, the Department may permit a subject individual to continue to function in the capacity for which the individual was previously approved. If the newly discovered history includes any convictions that a require a fitness determination by the District Manager, or the Child Welfare Director or Chief Operating Officer, written approval from the District Manager must be obtained within 24 hours in order for the subject individual to continue in her or his current capacity pending the outcome of the new fitness determination.

(f) Notwithstanding subsections (a) to (c) of this section, when a criminal records check is being conducted for the purpose of approval of an adoptive resource or for the initial non-child-specific certification of a foster family, the subject individual must undergo both a check of Oregon criminal records obtained from OSP's Law Enforcement Data System (LEDS) and a fingerprint-based check of records maintained by FBI before a fitness determination is made and before the subject individual may be approved.

(8) A subject individual who was previously approved as a respite provider or as an other person in the household must undergo a new criminal records check and fitness determination, including a fingerprint-based check of records maintained by FBI, when applying to adopt a child or to be a foster parent or relative caregiver.

(9) When a family currently certified as child-specific caregivers seeks to become a non-child-specific certified family, and the household includes a subject individual who was previously approved following a criminal records related fitness determination, written approval must be granted prior to the family becoming non-relative foster parents. In these circumstances, decisions regarding approval must be made by the Department employees involved in the original fitness determinations or by employees in positions at the same level of the Department's organizational structure.

(10) A subject individual may not be denied under these rules due to the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 to 419A.262.

Stat Auth.: ORS 409.050, 418.005, 418.016
Stats. Implemented: ORS 181.537, 181.010-181.560, 409.010, 418.005, 418.016
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 4-1999, f. & cert. ef. 3-22-99; SOSCF 23-2001, f. 6-29-01, cert. ef. 7-1-01; SOSCF 11-2002(Temp), f. & cert. ef. 9-13-02 thru 3-12-03; CWP 21-2003, f. & cert. ef. 3-13-03; CWP 1-2005(Temp), f. & cert. ef. 1-28-05 thru 7-27-05; CWP 8-2005, f. & cert. ef. 7-28-05; CWP 31-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 3-2008, f. & cert. ef. 5-15-08; CWP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 1-2009, f. & cert. ef. 2-2-09; CWP 3-2012, f. & cert. ef. 6-26-12

413-120-0450

Disqualifying and Potentially Disqualifying Criminal Convictions

(1) The Department must determine the fitness of individuals who have been convicted of crimes, or who have been arrested for but not convicted for certain crimes, to be relative caregivers, foster parents, respite care providers, adoptive resources, or an other person in the household.

(2) An authorized designee employed by the Department must make all fitness determinations.

(3) A subject individual convicted of any crime described in subsections (a) to (h) of this section may not be a relative caregiver, foster parent, adoptive resource, or an other person in the household regardless of how long ago the subject individual was convicted or any other factors or circumstances that exist. An authorized designee making a fitness determination under these rules must deny any subject individual who has been convicted in Oregon or any other jurisdiction of a felony crime that involves:

(a) Violence, including rape, sexual assault, and homicide, but not including other physical assault or battery;

(b) Intentional starvation or torture;

(c) Abuse or neglect of a child;

(d) Spousal abuse;

(e) Aiding, abetting, attempting, soliciting, or conspiring to cause the death of a child;

(f) Sodomy or sexual abuse;

(g) A child as the victim (including child pornography); or

(h) The following crimes under Oregon law, or substantially similar crimes in Oregon or any other jurisdiction:

(A) ORS 162.155 — Escape in the second degree, if the crime involves violence;

(B) ORS 162.165 — Escape in the first degree, if the crime involves violence;

(C) ORS 162.325 — Hindering prosecution, if the crime involves violence;

(D) ORS 163.095 — Aggravated murder;

(E) ORS 163.115 — Murder;

(F) ORS 163.118 — Manslaughter in the first degree;

(G) ORS 163.125 — Manslaughter in the second degree;

(H) ORS 163.145 — Criminally negligent homicide;

(I) ORS 163.149 — Aggravated vehicular homicide;

(J) ORS 163.160 — Assault in the fourth degree, if classified as a felony, and the victim is a child or the subject individual's spouse;

(K) ORS 163.165 — Assault in the third degree if the victim is a child or the subject individual's spouse;

(L) ORS 163.175 — Assault in the second degree if the victim is a child or the subject individual's spouse;

(M) ORS 163.185 — Assault in the first degree if the victim is a child or the subject individual's spouse;

(N) ORS 163.205 — Criminal mistreatment in the first degree if the victim is a child or the subject individual's spouse, or if the crime involves violence;

(O) ORS 163.207 — Female genital mutilation;

(P) ORS 163.213 — Unlawful use of an electrical stun gun, tear gas, or mace in the first degree;

(Q) ORS 163.225 — Kidnapping in the second degree if the victim is a child or the subject individual's spouse, or if the crime involves violence;

(R) ORS 163.235 — Kidnapping in the first degree if the victim is a child or the subject individual's spouse, or if the crime involves violence;

(S) ORS 163.245 — Custodial interference in the second degree if the victim is a child;

(T) ORS 163.257 — Custodial interference in the first degree if the victim is a child;

(U) ORS 163.355 — Rape in the third degree;

(V) ORS 163.365 — Rape in the second degree;

(W) ORS 163.375 — Rape in the first degree;

(X) ORS 163.385 — Sodomy in the third degree;

(Y) ORS 163.395 — Sodomy in the second degree;

(Z) ORS 163.405 — Sodomy in the first degree;

(AA) ORS 163.408 — Unlawful sexual penetration in the second degree;

(AB) ORS 163.411 — Unlawful sexual penetration in the first degree;

(AC) ORS 163.425 — Sexual abuse in the second degree;

(AD) ORS 163.427 — Sexual abuse in the first degree;

(AE) ORS 163.432 — Online sexual corruption of a child in the second degree;

(AF) ORS 163.433 — Online sexual corruption of a child in the first degree;

(AG) ORS 163.452 — Custodial sexual misconduct in the first degree;

(AH) ORS 163.479 — Unlawful contact with a child;

(AI) ORS 163.525 — Incest, if the victim of the offense is a child;

(AJ) ORS 163.535 — Abandonment of a child;

(AK) ORS 163.537 — Buying or selling a person under 18 years of age;

(AL) ORS 163.547 — Child neglect in the first degree;

(AM) ORS 163.555 — Criminal nonsupport;

(AN) ORS 163.670 — Using a child in display of sexually explicit conduct;

(AO) ORS 163.684 — Encouraging child sexual abuse in the first degree;

(AP) ORS 163.686 — Encouraging child sexual abuse in the second degree;

(AQ) ORS 163.688 — Possession of materials depicting sexually explicit conduct of a child in the first degree;

(AR) ORS 163.689 — Possession of materials depicting sexually explicit conduct of a child in the second degree;

(AS) ORS 164.125 — Theft of services, if the theft involves violence and is for services valued at $750 or more;

(AT) ORS 164.225 — Burglary in the first degree if the crime involves violence;

(AU) ORS 164.395 — Robbery in the third degree if the crime involves violence;

(AV) ORS 164.405 — Robbery in the second degree if the crime involves violence;

(AW) ORS 164.415 — Robbery in the first degree if the crime involves violence;

(AX) ORS 166.015 — Riot if the crime involves violence;

(AY) ORS 166.165 — Intimidation in the first degree if the crime involves violence;

(AZ) ORS 166.220 — Unlawful use of a weapon if the crime involves violence;

(BA) ORS 167.017 — Compelling prostitution, if the victim is a child or the subject individual's spouse; or

(BB) ORS 167.057 — Luring a minor.

(4) An authorized designee making a fitness determination under these rules must deny any subject individual who has been convicted in Oregon or any other jurisdiction of a felony crime within the last five years preceding the date of the fitness determination, if the felony crime involves:

(a) Physical assault, battery;

(b) A drug-related offense; or

(c) Any of the following crimes under Oregon law, or substantially similar crimes in Oregon or any other jurisdiction:

(A) ORS 163.160 — Assault in the fourth degree, if classified as a felony.

(B) ORS 163.165 — Assault in the third degree.

(C) ORS 163.175 — Assault in the second degree.

(D) ORS 163.185 — Assault in the first degree if the crime involved violence.

(E) ORS 163.208 — Assaulting a public safety officer.

(F) ORS 167.212 — Tampering with drug records.

(G) ORS 167.262 — Adult using minor in commission of controlled substance offense, if classified as a felony.

(H) ORS 475.846 — Unlawful manufacture of heroin.

(I) ORS 475.848 — Unlawful manufacture of heroin within 1,000 feet of school.

(J) ORS 475.850 — Unlawful delivery of heroin.

(K) ORS 475.852 — Unlawful delivery of heroin within 1,000 feet of school.

(L) ORS 475.854 — Unlawful possession of heroin.

(M) ORS 475.856 — Unlawful manufacture of marijuana.

(N) ORS 475.858 — Unlawful manufacture of marijuana within 1,000 feet of school.

(O) ORS 475.860 — Unlawful delivery of marijuana, if classified as a felony.

(P) ORS 475.862 — Unlawful delivery of marijuana within 1,000 feet of school.

(Q) ORS 475.864 — Unlawful possession of marijuana, if classified as a felony.

(R) ORS 475.866 — Unlawful manufacture of 3,4-methylene-dioxymethamphetamine.

(S) ORS 475.868 — Unlawful manufacture of 3,4-methylene-dioxymethamphetamine within 1,000 feet of school.

(T) ORS 475.870 — Unlawful delivery of 3,4-methylenedioxy-methamphetamine.

(U) ORS 475.872 — Unlawful delivery of 3,4-methylenedioxy-methamphetamine within 1,000 feet of school.

(V) ORS 475.874 — Unlawful possession of 3,4-methylenedioxymethamphetamine.

(W) ORS 475.876 — Unlawful manufacture of cocaine.

(X) ORS 475.878 — Unlawful manufacture of cocaine within 1,000 feet of school.

(Y) ORS 475.880 — Unlawful delivery of cocaine.

(Z) ORS 475.882 — Unlawful delivery of cocaine within 1,000 feet of school.

(AA) ORS 475.884 — Unlawful possession of cocaine.

(AB) ORS 475.886 — Unlawful manufacture of methamphetamine.

(AC) ORS 475.888 — Unlawful manufacture of methamphetamine within 1,000 feet of school.

(AD) ORS 475.890 — Unlawful delivery of methamphetamine.

(AE) ORS 475.892 — Unlawful delivery of methamphetamine within 1,000 feet of school.

(AF) ORS 475.894 — Unlawful possession of methamphetamine.

(AG) ORS 475.904 — Unlawful manufacture or delivery of controlled substance within 1,000 feet of school.

(AH) ORS 475.908 — Causing another person to ingest a controlled substance.

(AI) ORS 475.910 — Application of controlled substance to the body of another person, if the controlled substance is in Schedule I, II, III, or IV.

(AJ) ORS 475.914 — Prohibited acts for registrants related to Schedule I controlled substances.

(AK) ORS 475.962 — Distribution of equipment, solvent, reagent, or precursor substance with intent to facilitate manufacture of controlled substance.

(AL) ORS 475.967 — Possession of precursor substance with intent to manufacture controlled substance.

(AM) ORS 475.977 — Possessing or disposing of methamphetamine manufacturing waste.

(5) In addition to any other requirements pertaining to fitness determinations:

(a) Any fitness determinations made with regard to crimes identified in subsection (b) of this section must adhere to the following requirements:

(A) Approval of any subject individual convicted of a crime identified in subsection (b) of this section may not occur unless the fitness determination leading to approval is made by one of the following authorized designees:

(i) The Department's Child Welfare Director; or

(ii) The Department's Child Welfare and Self Sufficiency Chief Operating Officer; or

(iii) An Administrator or Manager who does not work in the district in which the criminal records check was initiated and who is designated by the Department's Child Welfare Director.

(B) Denial of any subject individual convicted of a crime identified in this section may not occur unless the fitness determination leading to denial is made by an authorized designee who is a Child Welfare Supervisor, a Child Welfare Program Manager, a District Manager, or an Administrator.

(b) Crimes to which subsection (a) of this section applies are as follows:

(A) Any misdemeanor crime of violence against a child.

(B) Any felony involving violence, unless the offense meets the criteria under sections (3) or (4) of this rule.

(C) A felony drug-related offense, unless the offense meets the criteria under sections (3) or (4) of this rule.

(D) The following crimes under Oregon law or substantially similar crimes in Oregon or any other jurisdiction:

(i) ORS 162.155 — Escape in the second degree, if the crime involves the threatened use of violence. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)

(ii) ORS 162.165 — Escape in the first degree, if the crime involves the threatened use of violence or the threatened use of a dangerous or deadly weapon. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)

(iii) ORS 163.160 - Assault in the fourth degree, if the conviction is classified as a felony. (If the conviction occurred within five years before the fitness determination or if the victim was a child, the subject individual must be denied.)

(iv) ORS 163.160 — Assault in the fourth degree if the conviction is a misdemeanor and the victim is a child. (If the conviction is a felony and the victim is a child, the subject individual must be denied.)

(v) ORS 163.165 — Assault in the third degree. (If the conviction meets the criteria in sections (3) or (4) of this rule, the subject individual must be denied.)

(vi) ORS 163.175 — Assault in the second degree. (If the conviction meets the criteria in sections (3) or (4) of this rule, the subject individual must be denied.)

(vii) ORS 163.185 — Assault in the first degree. (If the conviction meets the criteria in sections (3) or (4) of this rule, the subject individual must be denied.)

(viii) ORS 164.395 — Robbery in the third degree. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)

(ix) ORS 164.405 — Robbery in the second degree. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)

(x) ORS 164.415 — Robbery in the first degree. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)

(xi) ORS 166.015 — Riot. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)

(xii) ORS 166.165 — Intimidation in the first degree. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)

(xiii) ORS 166.220 — Unlawful use of weapon. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)

(xiv) ORS 167.017 — Compelling prostitution. (If the conviction meets the criteria in section (3) of this rule, the subject individual must be denied.)

(xv) ORS 167.212 — Tampering with drug records. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xvi) ORS 475.846 — Unlawful manufacture of heroin. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xvii) ORS 475.848 — Unlawful manufacture of heroin within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xviii) ORS 475.850 — Unlawful delivery of heroin. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xix) ORS 475.852 — Unlawful delivery of heroin within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xx) ORS 475.854 — Unlawful possession of heroin. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxi) ORS 475.856 — Unlawful manufacture of marijuana. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxii) ORS 475.858 — Unlawful manufacture of marijuana within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxiii) ORS 475.860 — Unlawful delivery of marijuana if the conviction is a felony. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxiv) ORS 475.862 — Unlawful delivery of marijuana within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxv) ORS 475.864 — Unlawful possession of marijuana if the conviction is a felony. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxvi) ORS 475.866 — Unlawful manufacture of 3,4 methylenedioxymethamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxvii) ORS 475.868 — Unlawful manufacture of 3,4-methylenedioxymethamphetamine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxviii) ORS 475.870 — Unlawful delivery of 3,4-methylenedioxymethamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxix) ORS 475.872 — Unlawful delivery of 3,4-methylenedioxymethamphetamine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxx) ORS 475.874 — Unlawful possession of 3,4-methylenedioxymethamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxxi) ORS 475.876 — Unlawful manufacture of cocaine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxxii) ORS 475.878 — Unlawful manufacture of cocaine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxxiii) ORS 475.880 — Unlawful delivery of cocaine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxxiv) ORS 475.882 — Unlawful delivery of cocaine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxxv) ORS 475.884 — Unlawful possession of cocaine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxxvi) ORS 475.886 — Unlawful manufacture of methamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxxvii) ORS 475.888 — Unlawful manufacture of methamphetamine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxxviii) ORS 475.890 — Unlawful delivery of methamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xxxix) ORS 475.892 — Unlawful delivery of methamphetamine within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xl) ORS 475.894 — Unlawful possession of methamphetamine. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xli) ORS 475.904 — Unlawful manufacture or delivery of controlled substance within 1,000 feet of school. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xlii) ORS 475.908 — Causing another person to ingest a controlled substance. (If the conviction meets the criteria in sections (3) or (4) of this rule, the subject individual must be denied.)

(xliii) ORS 475.910 — Application of controlled substance to the body of another person. (If the conviction meets the criteria in sections (3) or (4) of this rule, the subject individual must be denied.)

(xliv) ORS 475.962 — Distribution of equipment, solvent, reagent, or precursor substance with intent to facilitate manufacture of controlled substance. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xlv) ORS 475.967 — Possession of precursor substance with intent to manufacture controlled substance. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(xlvi) ORS 475.977 — Possessing or disposing of methamphetamine manufacturing waste. (If the conviction meets the criteria in section (4) of this rule, the subject individual must be denied.)

(6) In addition to any other requirements pertaining to fitness determinations:

(a) Any fitness determinations made with regard to crimes identified in subsection (b) of this section must adhere to the following requirements:

(A) Approval of any subject individual convicted of a crime identified in subsection (b) of this section may not occur unless the fitness determination leading to approval is made by one of the following authorized designees:

(i) An Administrator designated by the Department's Child Welfare Director.

(ii) A District Manager.

(iii) If permitted by the District Manager in the District in which the criminal records check was initiated, a Child Welfare Program Manager.

(B) Denial of any subject individual convicted of a crime identified in subsection (b) of this section may not occur unless the fitness determination leading to denial is made by an authorized designee who is a Child Welfare Supervisor, a Child Welfare Program Manager, a District Manager, or an Administrator designated by the Department's Child Welfare Director.

(b) Crimes to which subsection (a) of this section applies are as follows:

(A) Any felony conviction for a crime which is not described in sections (3), (4), or (5) of this rule.

(B) A conviction for any crime involving domestic violence and which is not described in sections (3), (4), or (5) of this rule.

(7) In addition to any other requirements pertaining to fitness determinations:

(a) Any fitness determinations made with regard to crimes identified in subsection (b) of this section must adhere to the following requirements:

(A) Approval of any subject individual convicted of a crime identified in subsection (b) of this section may not occur unless the fitness determination leading to approval is made by one of the following authorized designees:

(i) An Administrator designated by the Department's Child Welfare Director.

(ii) A District Manager.

(iii) If permitted by the District Manager in the District in which the criminal records check was initiated, a Child Welfare Program Manager or a Child Welfare Supervisor.

(B) Denial of any subject individual convicted of a crime identified in subsection (b) of this section may not occur unless the fitness determination leading to denial is made by an authorized designee who is a Child Welfare Supervisor, a Child Welfare Program Manager, a District Manager, or an Administrator designated by the Department's Child Welfare Director.

(b) Subsection (a) of this section applies to any misdemeanor conviction for a crime which is not described in sections (3) to (6) of this rule.

Stat Auth.: ORS 409.050, 418.005, 418.016
Stats. Implemented: ORS 181.537, 181.010-181.560, 409.010, 418.005, 418.016
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 4-1999, f. & cert. ef. 3-22-99; SOSCF 1-2000(T), f. & cert. ef. 1-14-00 thru 7-12-00; SOSCF 14-2000, f. & cert. ef. 7-13-00; SOSCF 23-2001, f. 6-29-01, cert. ef. 7-1-01; SOSCF 11-2002(Temp), f. & cert. ef. 9-13-02 thru 3-12-03; CWP 21-2003, f. & cert. ef. 3-13-03; CWP 31-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 3-2008, f. & cert. ef. 5-15-08; CWP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 1-2009, f. & cert. ef. 2-2-09; CWP 3-2012, f. & cert. ef. 6-26-12

413-120-0455

Potentially Disqualifying Arrests

(1) Behavior that results in an arrest or a history of arrests may raise concerns about the fitness of a subject individual to be a relative caregiver, a foster parent, an adoptive resource, or an other person in the household. If a subject individual has a history of one or more arrests for any of the following offenses, the Department determines if, considering the behavior that resulted in the arrest, the subject individual is fit to be a relative caregiver, foster parent, adoptive resource, or other person in the household:

(a) Child abuse or neglect.

(b) Domestic violence.

(c) A crime against a child, including pornography.

(d) A crime involving violence, including rape, sexual abuse, manslaughter, or homicide.

(e) Physical assault.

(f) Battery.

(g) A drug or alcohol related offense.

(h) A weapons-related offense.

(2) If a subject individual has been arrested for any of the offenses listed in section (1) of this rule, the Department must make a fitness determination and approve or deny the subject individual.

(3) Approval of any subject individual arrested for a crime identified in section (1) of this rule may not occur unless the fitness determination leading to approval is made by one of the following authorized designees:

(a) An Administrator designated by the Department's Child Welfare Director.

(b) A District Manager.

(c) If permitted by the District Manager in the District in which the criminal records check was initiated, a Child Welfare Program Manager or a Child Welfare Supervisor.

(4) Denial of any subject individual arrested for a crime identified in section (1) of this rule may not occur unless the fitness determination leading to denial is made by an authorized designee who is a Child Welfare Supervisor, a Child Welfare Program Manager, a District Manager, or an Administrator designated by the Department's Child Welfare Director.

Stat Auth.: ORS 409.050, 418.005, 418.016
Stats. Implemented: ORS 181.537, 181.010-181.560, 409.010, 418.005, 418.016
Hist.: SOSCF 11-2002(Temp), f. & cert. ef. 9-13-02 thru 3-12-03; CWP 21-2003, f. & cert. ef. 3-13-03; CWP 31-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 3-2008, f. & cert. ef. 5-15-08; CWP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 1-2009, f. & cert. ef. 2-2-09; CWP 3-2012, f. & cert. ef. 6-26-12

413-120-0457

Weighing Test

When making a fitness determination with regard to a subject individual with a history of potentially disqualifying crimes or conditions, the authorized designee must consider any of the following factors that apply to the subject individual or the subject individual's situation:

(1) Circumstances regarding the nature of potentially disqualifying convictions and conditions, including but not limited to:

(a) The details of the incidents that led to potentially disqualifying convictions, arrests, or other disqualifying conditions.

(b) The age of the subject individual at the time of the incidents that led to potentially disqualifying convictions, arrests, or other disqualifying conditions.

(c) The passage of time since the incidents that led to potentially disqualifying convictions, arrests, or other disqualifying conditions.

(d) The facts that support the convictions, arrests, or potentially disqualifying conditions.

(e) Whether or not the subject individual was charged with or indicted for a crime related to a potentially disqualifying arrest.

(f) The disposition of any charge or indictment related to a potentially disqualifying arrest.

(g) Consideration of state and federal laws, including regulations and rules which address crimes or conditions that potentially disqualify a person from being a relative caregiver, foster parent, adoptive resource, or an other person in the household.

(2) Other factors when available including but not limited to:

(a) Other information related to criminal activity including charges, arrests, pending indictments, and convictions. Other behavior involving contact with law enforcement may also be reviewed if information is relevant to other criminal records or shows a pattern relevant to criminal history.

(b) Periods of incarceration.

(c) Status of and compliance with parole, post-prison supervision, or probation.

(d) Evidence of alcohol or drug issues directly related to criminal activity or potentially disqualifying conditions.

(e) Evidence of treatment or rehabilitation related to criminal activity or potentially disqualifying conditions.

(f) Likelihood of repetition of criminal behavior or behaviors leading to potentially disqualifying conditions, including but not limited to patterns of criminal activity or behavior.

(g) Changes in circumstances subsequent to the criminal activity or disqualifying conditions including but not limited to:

(A) History of high school, college, or other education related accomplishments.

(B) Work history (employee or volunteer).

(C) History regarding licensure, certification, or training for licensure or certification.

(D) Written recommendations from current or past employers, including Department client employers.

(h) Indication of the subject individual's cooperation, honesty, or the making of a false statement during the criminal records check process.

(i) Acknowledgment and acceptance of responsibility for criminal activity and potentially disqualifying conditions.

(j) When the subject individual is seeking to provide care for a specific child or young adult, whether or not denial of the subject individual would create emotional harm to the child or young adult and placement of the child or young adult with the subject individual would be a safe placement that is in the best interest of the child or young adult.

(3) The authorized designee must consider the relevancy of the subject individual's criminal activity or potentially disqualifying conditions to the subject individual's fitness to be relative caregiver, foster parent, adoptive resource, or other person in the household.

Stat Auth.: ORS 409.050, 418.005, 418.016
Stats. Implemented: ORS 181.537, 181.010-181.560, 409.010, 418.005, 418.016
Hist.: CWP 3-2012, f. & cert. ef. 6-26-12

413-120-0460

Contesting a Fitness Determination

(1) If the Department determines that a subject individual cannot be certified or approved as a relative caregiver, foster parent, or adoptive resource based on a negative fitness determination, unless the subject individual voluntarily withdraws from the process, the Department must notify the subject individual in writing that the subject individual:

(a) Has a right to inspect and challenge his or her Oregon criminal offender information through OSP procedures as adopted per ORS 181.555(3) and OAR 257-010-0035;

(b) May challenge the accuracy or completeness of any entry on the subject individual's criminal records provided by the FBI by filing a challenge with the Assistant Director of the FBI Identification Division, Washington, DC 20537-9700; and

(c) May appeal the Department's determination of unfitness or indicate an intent to challenge information in the OSP or FBI report by requesting a contested case hearing pursuant to ORS chapter 183 and OAR 413-010-0500 to 413-010-0535 provided that the Department receives the request for a contested case hearing in writing within 30 days from the date of mailing the notice.

(2) Upon the determination of the Department that an applicant for relative care, foster care, or adoption of a child in the custody of the Department cannot be approved due to the denial of an other person in the household, the certifier or adoption worker must inform:

(a) The other person in the household, who was denied, of the right to inspect and challenge the subject individual's Oregon criminal offender information through OSP procedures as adopted per ORS 181.555(3) and OAR 257-010-0035 and the person's rights under ORS 181.557(2)(b);

(b) The other person in the household, who was denied, of the right to challenge the accuracy or completeness of any entry on the subject individual's criminal records provided by the FBI by filing a challenge with the Assistant Director of the FBI Identification Division, Washington, DC 20537-9700; and

(c) The relative caregiver, foster parent, or adoption applicant whose approval is affected by the denial of the other person in the household, in writing, that:

(A) Based on the other person in the household's denial, the Department may not certify or approve the relative caregiver, foster parent, or adoption applicant as long as the other person in the household remains in the home or provides care to a child or young adult in the home; and

(B) The relative caregiver, foster parent, or adoption applicant may appeal in a contested case hearing the Department's denial, provided that the Department receives the applicant's request for a contested case hearing in writing within 30 days from the date of mailing the notice to the applicant.

(3) Child Welfare Policy I-A.5.2, "Contested Case Hearings", OAR 413-010-0500 to 413-010-0535 describes the requirements and process for requesting a contested case hearing due to the denial or revocation of a Certificate of Approval or a denial of approval to be an adoptive resource, including denials based on the criminal history, or false statement with regard to criminal history, of an applicant or other person in the household.

Stat Auth.: ORS 409.050, 418.005, 418.016
Stats. Implemented: ORS 181.537, 181.010-181.560, 409.010, 418.005, 418.016
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 4-1999, f. & cert. ef. 3-22-99; SOSCF 1-2000(T), f. & cert. ef. 1-14-00 thru 7-12-00; SOSCF 14-2000, f. & cert. ef. 7-13-00; SOSCF 23-2001, f. 6-29-01, cert. ef. 7-1-01; SOSCF 11-2002(Temp), f. & cert. ef. 9-13-02 thru 3-12-03; CWP 21-2003, f. & cert. ef. 3-13-03; CWP 31-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; CWP 3-2008, f. & cert. ef. 5-15-08; CWP 22-2008(Temp), f. & cert. ef. 10-1-08 thru 3-30-09; CWP 1-2009, f. & cert. ef. 2-2-09; CWP 34-2011(Temp), f. 12-27-11, cert. ef. 12-28-11 thru 6-25-12; CWP 3-2012, f. & cert. ef. 6-26-12

413-120-0475

Record Keeping, Confidentiality

(1) All LEDS reports are confidential, and the authorized designee must maintain the reports in accordance with applicable OSP requirements in ORS chapter 181 and the rules adopted pursuant thereto (see OAR chapter 257, division 15).

(a) LEDS and FBI reports are confidential and may only be received or viewed by an authorized designee.

(b) LEDS and FBI and any photocopies may be shared with another authorized designee only if there is a need to know consistent with these rules.

(2) The results of a national criminal records check provided by the FBI or the OSP are confidential and may not be disseminated by the Department, except in the following circumstances:

(a) If a fingerprint-based criminal records check was conducted on the subject individual, the subject individual is provided a copy of the results if requested.

(b) The state and national criminal offender information may be provided as exhibits during a contested case hearing.

(3) All completed background check requests, other criminal records information, and other records collected or developed during the background check or contested case process must be kept confidential and disseminated only on a need-to-know basis.

(4) The Department must retain and destroy all criminal records check documents pursuant to federal law and records retention schedules published by Oregon State Archives.

(5) Documents may be requested and reviewed by the Oregon State Police for the purposes of determining and ensuring compliance with these rules (OAR 413-120-0400 to 413-120-0475).

Stat Auth.: ORS 409.050, 418.005, 418.016
Stats. Implemented: ORS 181.537, 181.010-181.560, 409.010, 418.005, 418.016
Hist.: CWP 3-2012, f. & cert. ef. 6-26-12

Foster Parent Request for Consideration as a Current Caretaker

413-120-0500

Purpose

These rules (OAR 413-120-0500 to 413-120-0595) establish the process by which a foster parent may request consideration as a current caretaker for the purpose of consideration as a potential adoptive resource as a part of permanency planning for a child or sibling group under consideration.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 418.285
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 19-1998(Temp), f.& cert. ef. 10-30-98 thru 4-28-99; SOSCF 6-1999 f. & cert. ef. 4-29-99; SOSCF 1-2001(Temp) f. & cert. ef. 1-24-01 thru 7-20-01; SOSCF 37-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 51-2003, f. 12-31-03, cert. ef. 1-1-04; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10

413-120-0510

Definitions

The following definitions apply to OAR 413-120-0500 to 413-120-0595:

(1) "Adoptive resource" means an individual or individuals selected by the Department as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request, or if a review was requested, the selection has been sustained by that review and the Department review is complete.

(2) "Child" means a person under 18 years of age.

(3) "Concurrent permanent plan" means the alternate permanency plan whenever the child has been placed in substitute care when the goal of the permanency plan is to return the child to the parents. The "concurrent permanent plan" is developed simultaneously with the plan to return the child to the parents or legal guardians.

(4) "Current caretaker" means a foster parent who:

(a) Is currently caring for a child in the legal custody of the Department who has a permanency plan or concurrent permanent plan of adoption;

(b) Has cared for the child or at least one sibling in a sibling group under consideration for at least the past 12 consecutive months; and

(c) Has been identified by the Department as a potential adoptive resource for the child and when appropriate, the siblings in a sibling group under consideration for adoption in the same adoptive family.

(5) "Department" means the Department of Human Services, Child Welfare.

(6) "Foster parent" means a person who operates a home that has been approved by the Department to provide care for unrelated children or young adults who are placed in the home by the Department.

(7) "General applicant" means an individual who:

(a) Is neither a relative nor current caretaker; and

(b) Has submitted a completed application to adopt a child.

(8) "Indian child" means any unmarried person who is under 18 years of age and is either:

(a) A member of an Indian tribe; or

(b) Eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe.

(9) "Permanency committee" means a group of individuals who are responsible for making a recommendation regarding a permanency plan or potential permanency resource when the child or young adult likely is not returning to his or her parent.

(10) "Permanency plan" means a written course of action for achieving safe and lasting family resources for the child. Although the plan may change as more information becomes available, the goal is to develop safe and permanent family resources with the parents, relatives, or other individuals who will assume legal responsibility for the child during the remaining years of dependency and be accessible and supportive to the child in adulthood.

(11) "Refugee child" means, as defined by ORS 418.925, a person under 18 years of age who has entered the United States and is unwilling or unable to return to the person's country because of persecution or a well-founded fear of persecution on account of race, religion, sex, sexual orientation, nationality, membership in a particular group, or political opinion, or whose parents entered the United States within the preceding 10 years and are or were unwilling or unable to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, sex, sexual orientation, nationality, membership in a particular group, or political opinion.

(a) As used in this section, "persecution" means that harm or suffering will be inflicted upon the person in order to punish the person for possessing a particular belief or characteristic. "Persecution" does not include harm and suffering that is inflicted on persons generally by reason of civil or military strife in a country.

(b) As used in this section, "fear of persecution" means an apprehension or awareness, based on external objective facts, that the person will suffer persecution upon return to the person's country.

(12) "Relative" means (each of the following individuals is a "relative"):

(a) An individual with one of the following relationships to the child or young adult through the parent of the child or young adult unless the relationship has been dissolved by adoption of the child, young adult, or parent:

(A) Any blood relative of preceding generations denoted by the prefixes of grand, great, or great-great.

(B) Any half-blood relative of preceding generations denoted by the prefixes of grand, great, or great-great (individuals with one common biological parent are half-blood relatives).

(C) A sibling, also to include an individual with a sibling relationship to the child or young adult through a putative father.

(D) An aunt, uncle, nephew, niece, first cousin, and first cousin once removed.

(E) A spouse of anyone listed in paragraphs (A) to (D) of this subsection, even if a petition for annulment, dissolution, or separation has been filed or the marriage is terminated by divorce or death. To be considered a "relative" under this paragraph, the child or young adult must have had a relationship with the spouse prior to the most recent episode of Department custody.

(b) An individual with one of the following relationships to the child or young adult:

(A) An individual defined as a relative by the law or custom of the tribe of the child or young adult if the child or young adult is an Indian child under the Indian Child Welfare Act or in the legal custody of a tribe.

(B) An individual defined as a relative of a refugee child or young adult under Child Welfare Policy I-E.2.2, "Placement of Refugee Children", OAR 413-070-0300 to 413-070-0380.

(C) A stepparent or former stepparent if the child or young adult had a relationship with the former stepparent prior to the most recent episode of Department custody; a stepbrother; or a stepsister.

(D) The registered domestic partner of the parent of the child or young adult or a former registered domestic partner of the parent of the child or young adult if the child or young adult had a relationship with the former domestic partner prior to the most recent episode of Department custody.

(E) The adoptive parent of a sibling of the child or young adult.

(F) The unrelated legal or biological father or mother of a half-sibling of the child or young adult when the half-sibling of the child or young adult is living with the unrelated legal or biological father or mother.

(c) An individual identified by the child or young adult or the family of the child or young adult, or an individual who self-identifies, as being related to the child or young adult through the parent of the child or young adult by blood, adoption, or marriage to a degree other than an individual specified as a "relative" in paragraphs (A) to (D) of subsection (a) of this section unless the relationship has been dissolved by adoption of the child, young adult, or parent.

(d) An individual meeting the requirements of at least one of the following paragraphs:

(A) Not related to the child, young adult, or parent by blood, adoption, or marriage:

(i) Who is identified as a member of the family by the child or young adult or the family of the child or young adult; and

(ii) Who had an emotionally significant relationship with the child or young adult or the family of the child or young adult prior to the most recent episode of Department custody.

(B) Who has a blood relationship to the child or young adult as described in paragraphs (a)(A) to (D) of this section through the birth parent of the child or young adult, but the prior legal relationship has been dissolved by adoption of the child, young adult, or parent.

(e) For eligibility for the guardianship assistance program:

(A) A stepparent is considered a parent and is not a "relative" for the purpose of eligibility for guardianship assistance unless a petition for annulment, dissolution, or separation has been filed, or the marriage to the adoptive or biological parent of the child has been terminated by divorce or death.

(B) A foster parent may only be considered a "relative" for the purpose of eligibility for guardianship assistance when:

(i) There is a compelling reason why adoption is not an achievable permanency plan;

(ii) The foster parent is currently caring for a child, in the care or custody of the Department or a participating tribe, who has a permanency plan or concurrent permanent plan of guardianship;

(iii) The foster parent has cared for the child for at least 12 of the past 24 months; and

(iv) The Department or tribe has approved the foster parent for consideration as a guardian.

(13) "Sibling" means one of two or more children or young adults related:

(a) By blood or adoption through a common legal parent;

(b) Through the marriage of the legal or biological parents of the children or young adults; or

(c) Through a legal or biological parent who is the registered domestic partner of the legal or biological parent of the children or young adults.

(14) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.

(15) "Young adult" means a person aged 18 through 20 years who remains in the care and custody of the Department, and lives in substitute care or lives independently through the Department's Independent Living Subsidy Program.

Stat. Auth.: ORS 418.005, 418.945
Stats. Implemented: ORS 418.005, 418.945
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 19-1998(Temp), f.& cert. ef. 10-30-98 thru 4-28-99; SOSCF 6-1999 f. & cert. ef. 4-29-99; SOSCF 1-2001(Temp) f. & cert. ef. 1-24-01 thru 7-20-01; SOSCF 37-2001, f. 6-29-01, cert. ef. 7-1-01; CWP 51-2003, f. 12-31-03, cert. ef. 1-1-04; CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10; CWP 11-2014, f. & cert. ef. 6-3-14

413-120-0521

Substitute Care is a Temporary Resource

(1) At initial placement, the caseworker must inform the foster parent that substitute care is intended as a temporary placement resource.

(2) In limited circumstances, a foster parent may become an adoptive resource for a child.

(3) The child's caseworker must keep the foster parent informed of the child's permanency plan and concurrent permanent plan.

Stat. Auth.: ORS 418.005, 419B.192
Stats. Implemented: ORS 418.005, 419B.192
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10

413-120-0541

When a Foster Parent Can Request Consideration as a Potential Adoptive Resource

(1) A foster parent may request consideration as a current caretaker for a child or a sibling group under consideration in the legal custody of the Department when the requirements of all of the following subsections are met:

(a) Adoption is each child's identified permanency plan or concurrent permanent plan, and the Department determines it is in the best interest of the child or a sibling group under consideration to proceed with identifying potential adoptive resources.

(b) The child or at least one sibling in a sibling group under consideration has been in the physical custody of the foster parent for the most recent 12 consecutive months.

(c) The foster parent is willing to be considered as a potential adoptive resource for the child's siblings currently in substitute care and under consideration for adoption in the same adoptive family.

(d) The caseworker and the caseworker's supervisor have complied with the requirements of both of the following paragraphs:

(A) Reviewed the Department's diligent efforts to identify, contact, and place a child with relatives and to place siblings together as required under both Child Welfare Policy I-E.1.1, "Search for and Engagement of a Child's Relatives", OAR 413-070-0060 to 413-070-0087 and Child Welfare Policy I-G.1.2, "Identification and Consideration of Potential Adoption Resources", OAR 413-120-0700 to 413-120-0760; and

(B) Confirmed there are no current Department actions to ---

(i) Identify a child's relative as defined in OAR 413-120-0510(12)(a)-(c); or

(ii) Assess an identified relative as defined in OAR 413-120-0510(12)(a)-(c) who has either expressed an interest in and needs to be or currently is being assessed as a potential adoptive resource.

(2) When a child has one or more siblings, and two or more foster parents meet the requirements of subsections (1)(a) to (1)(c) of this rule, each may request consideration as a current caretaker, and if a request is received, the Department must review each request as described in these rules (OAR 413-120-0500 to 413-120-0595).

Stat. Auth.: ORS 418.005, 419B.192
Stats. Implemented: ORS 418.005, 419B.192
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10

413-120-0550 [Renumbered to 413-120-0580]

413-120-0570

Permanency Committee Consideration of Current Caretaker

(1) When a foster parent is requesting consideration as current caretaker, the Department schedules a permanency committee pursuant to Child Welfare Policy, I-E.3.6, "Legal Permanency, Concurrent Planning, and Use of Permanency Committee", OAR 413-070-0500 to 413-070-0519.

(2) The permanency committee must review all of the information presented to the committee and consider the extent to which the foster parent meets the following:

(a) The standards for an adoptive home under OAR 413-120-0246;

(b) The extent to which the foster parent has the knowledge, skills, abilities and commitment to raise the child and each sibling if there are siblings under consideration for adoption in the same adoptive family; and

(c) The extent to which the ongoing needs for safety, permanency, and well-being of each child and each sibling, if there are siblings under consideration for adoption in the same adoptive family, will be met under OAR 413-070-0640.

(3) After completing the review under section (2) of this rule, the permanency committee considers all of the information, deliberates, and, when committee members agree, makes a recommendation to the Child Welfare Program Manager or designee.

(4) When the permanency committee cannot reach agreement, each permanency committee member makes his or her respective recommendations known to the committee facilitator.

Stat. Auth.: ORS 418.005, 418.945
Stats. Implemented: ORS 418.005, 418.937, 418.945, 419B.192
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10

413-120-0580

Decision and Department Actions

(1) The Child Welfare Program Manager or designee who makes the decision on behalf of the Department regarding a request of foster parent for consideration as a current caretaker must consider all of the following when making the decision:

(a) The considerations in OAR 413-120-0570(2);

(b) The information presented to the permanency committee; and

(c) The recommendations of the permanency committee.

(2) The Child Welfare Program Manager's or designee's decision regarding the request of a foster parent for consideration as a current caretaker must be documented on a form approved by the Department and must specify:

(a) Whether the foster parent will be considered; and

(b) When the foster parent will be considered as a current caretaker, whether the adoption selection process will also include consideration of a potential adoptive resource who either is a:

(A) Child's relative as defined in OAR 413-120-0510(12)(d); or

(B) General applicant.

(3) When the foster parent will be considered as a current caretaker, the certifier or an adoption worker must complete a home study update within 90 calendar days of the decision.

Stat. Auth.: ORS 418.005, 418.945
Stats. Implemented: ORS 418.005, 418.937, 418.945, 419B.192
Hist.: CWP 51-2003, f. 12-31-03, cert. ef. 1-1-04; Renumbered from 413-120-0550, CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10

413-120-0590

When a Relative is Identified

When a child's relative is identified and expresses interest in being considered as a potential adoptive resource after a foster parent has requested consideration or a permanency committee has been scheduled, the Child Welfare Program Manager or designee must:

(1) Review the diligent efforts to identify and place a child with a relative and to place siblings together as required under Child Welfare Policy I-E.1.1., "Search for and Engagement of Relatives", OAR 413-070-0060 to 413-070-0063;

(2) Determine whether it is in the child's best interest for the relative to be considered; and

(3) Determine whether the permanency committee to consider the request of the foster parent will be held, cancelled, or postponed.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10

413-120-0595

Foster Parent Determined as Current Caretaker before July 1, 2010

(1) When a foster parent had been recommended for consideration as a potential adoptive resource through a current caretaker committee or current caretaker committee held prior to July 1, 2010, the decisions made by the Department remain in effect until an adoption selection has been made.

(2) When a permanency committee recommends the current caretaker for consideration as a potential adoptive resource for a child, the current caretaker is considered pursuant to Child Welfare Policy I-G.1.5, "Adoption Placement Selection", OAR 413-120-0000 to 413-120-0060.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005, 419B.192
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 34-2010, f. & cert. ef. 12-29-10

Openness and Post Adoption Communication Through Legal Assistance Mediation Services

413-120-0600

Purpose

The purpose of these rules OAR 413-600-0005 through 0035 is to provide guidelines for a cooperative adoption planning process, as well as procedures for developing Post Adoption Communication Agreements (PACA), funded and managed by the Department's Adoption Services Program Unit.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; CWP 33-2003, f. & cert. ef. 10-3-03

413-120-0610

Definitions

(1) "Birth Relatives" means birth parent(s), grandparents, siblings and other members of the child's birth family, pursuant to ORS 109.305.

(2) "Child Welfare Mediator" means a neutral third party who meets or exceeds Department qualifications to provide mediation services for mediation participants in the cooperative adoption mediation process, and has a legal assistance mediation contract with the Department.

(3) "Department" means the Department of Human Services.

(4) "Legal Assistance Mediation Program" means, for the purpose of these rules, services contracted through the Department Legal Assistance program to assist the birth family and the identified adoptive family to participate in a cooperative adoption process that may result in an Post Adoption Communication Agreement (PACA).

(5) "Legal Assistance Referral" means an attorney client privileged document used to prepare the termination of parental rights petition and or trial preparation work.

(6) "Legal Assistance Specialist (LAS)" means a central office Department staff who provides a vital link in the execution of the technical and legal processes of the alternative permanent plans for children whose best interests are not served by returning to their families of origin.

(7) "Cooperative Adoption Mediation or Mediation" means a process in which a trained neutral third party assists parties in voluntarily reaching mutually acceptable resolution of issues, as well as assisting the parties in establishing relationships built on mutual trust and respect. Throughout these rules OAR 413-600-0005 through 0035 "Cooperative Adoption Mediation" will be referred to as "Mediation".

(8) "Mediation Communications" means, as defined in ORS 36.110(8):

(a) All communications that are made, in the course of or in connection with a mediation, to a mediator, a mediation program or a party to, or any other person present at, the mediation proceedings; and

(b) All memoranda, work products, documents and other materials, including any draft mediation agreement, that are prepared for or submitted in the course of or in connection with a mediation or by a mediator, a mediation program or a party to, or any other person present at, mediation proceedings.

(9) "Mediation participants" means persons who will be working directly with the mediator in the cooperative adoption mediation process and who will be responsible for the creation and implementation of any PACA that results.

(10) "Parties" means those participants whose signatures are necessary for the PACA to be implemented and are subject to enforcement of ORS 109.305.

(11) "Post Adoption Communication" means the manner and frequency of contact and communication between the birth family and the child and/or the birth family and the adoptive family.

(12) "Post Adoption Communication Agreement (PACA)" means a written agreement for post-adoptive communication, signed by birth parent(s) and adoptive parent(s) and is based on an informed decision-making process by the mediation participants. The content of the agreement is based on the best interest of the child.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; CWP 33-2003, f. & cert. ef. 10-3-03

413-120-0620

Values

(1) Support and Safe Communication: Every healthy family requires support. Families created through adoption have different support needs than biological families in that the child is connected to more than one set of parent(s). One important aspect is the need for continued safe connection and communication between biological and adoptive families, to the extent that it is consistent with the health and safety needs of the child.

(2) Collaboration: The child and their families benefit when the significant adults in their lives work collaboratively to identify and respond to the individual needs of the child. The significant adults for a child in foster care may include, but are not limited to: biological parent(s), prospective adoptive parent(s), child welfare workers, CASA, attorneys, and others.

(3) Empowered, Informed Decisions: Families, and individuals within them, are capable of making decisions about their lives. They should be empowered to make those decisions that affect the cooperative nature of an agreement for post adoption communication, whenever possible. In order for their decisions to be effective, they may need to be informed by a wide range of people and sources about a variety of adoption related issues.

(4) Mediation as Tool: Mediation is a process that can play an important role in developing effective communication between those families seeking to participate in a cooperative adoption planning process. Qualified mediators can provide assistance in the cooperative adoption planning process by providing a safe and constructive atmosphere for effective communication.

(5) Voluntary Commitment to Cooperate/Participate: Mediation is most successful when the adoptive parent(s) and biological parent(s) participate voluntarily. Their commitment to a cooperative planning process to support the lifelong safety and well-being of their child is an essential aspect of this success. It is these parent(s) who are the ultimate decision makers about this agreement and are responsible for maintaining the agreement throughout the life of the child.

(6) No Coercion: The cooperative adoption mediation process is meant to be a tool that is used to achieve a result that is in the long term best interest of the child. It is not meant to be used coercively for unilateral gain.

(7) Flexibility: PACAs should be flexible in responding to the child's maturity and developmental needs, or changes in the lifestyles of the birth and adoptive parent(s). Flexibility in these agreements will support the on-going nature of the cooperative relationship that is formed and fostered through the cooperative adoption process.

(8) Benefits of the PACA for the child may include, but are not limited to:

(a) Having knowledge and information about his/her birth family,

(b) Having an ability to maintain birth family identity,

(c) Having a good model of effective communication,

(d) Having a realistic understanding of the circumstances of the birth parent(s),

(e) Having a sense of well-being fostered by adoptive and birth parent(s) working collaboratively to support the needs of the child,

(f) Having a better ability to process important life transitions as the child grows into an adult,

(g) Having an opportunity to appropriately grieve the loss of the birth family, and

(h) Having the permission of the birth parent(s) to become a member of the adoptive family.

(9) Benefits of the PACA for the adoptive parent(s) may include, but are not limited to:

(a) Having an understanding of who the biological family is;

(b) Having an exchange of on-going information such as medical and other important life information;

(c) Supporting the child's need to be connected to the birth family;

(d) Having the sense of accomplishment that is associated with positive cooperative relationships;

(e) Helping the child to appropriately grieve the loss of the birth family; and

(f) Having the permission and the support of the birth parent(s) to help the child to become a member of the adoptive family.

(10) Benefits of the PACA for the birth parent(s) may include, but are not limited to:

(a) Knowing their child is in a safe and secure environment,

(b) Having a better ability to process loss of a child and the transition to a new family,

(c) Having an exchange of on-going information such as medical and other important life information,

(d) Having the sense of accomplishment that is associated with positive cooperative relationships,

(e) Being able to get on-going information about the life of the child,

(f) Having a sense of closure related to the loss of the child, and

(g) Having assisted their child to successfully become a member of the adoptive family.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; CWP 33-2003, f. & cert. ef. 10-3-03

413-120-0625

Roles and Responsibilities

(1) Child's caseworker: The child's caseworker represents the custodian of the child and assesses the appropriateness of mediation for cooperative post adoption planning for the children on their caseload. The child's caseworker consults with the supervisor and LAS, and seeks input from other interested persons. The decision to refer a case to mediation is based on the best interest of the child and whether the child's safety and permanency needs will be met with post adoption communication. The child's caseworker consults with an adoption worker, if assigned, or the identified adoptive parent(s) and the birth parent(s) about willingness to participate in the cooperative adoption mediation process. The child's caseworker initiates the referral to mediation and is the primary contact for the contract mediator.

(2) Adoption worker: The adoption worker connects to the cooperative adoption mediation process, selected adoptive parent(s) (including preliminary current caretaker families) of children who may benefit from post adoption communication. The adoption worker collaborates with the child's worker to identify benefits of the cooperative adoption mediation process and documents safety concerns to be communicated on the Mediation Referral Form.

(3) LAS:

(a) The LAS ensures that legal assistance mediation or cooperative adoption mediation services are included in the discussions of the plan to free the child for adoption (by relinquishment or termination of parental rights.) The LAS determines, in consultation with the child's worker and the legal assistance attorney, whether cooperative adoption mediation planning meets the child's best interest post adoptively. If the referral is appropriate the LAS approves the Referral for Mediation (CF 0437). The LAS confers with the child's caseworker when the caseworker determines that the PACA may not meet the safety concerns of the child. The LAS advises the child's caseworker on additional requirements related to Indian children.

(b) The outcome of the procedures to terminate parental rights shall not be the basis of ending the cooperative adoption mediation process.

(4) Contract Mediator: The contracted mediator for the cooperative adoption mediation process assists mediation participants in clarifying issues and stating expectations. The mediator is a neutral third party who assists the mediation participants in exploring options and empowers the mediation participants to make decisions through the confidential cooperative adoption planning process. The mediator will not make or impose decisions about the final outcome of the PACA.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305
Hist.: CWP 33-2003, f. & cert. ef. 10-3-03

413-120-0628

Criteria for Using the Cooperative Adoption Mediation Process

(1) The fundamental criteria for referring a child for a cooperative adoption mediation process is the best interest of the child's well-being, permanency and safety. It is the responsibility of the department to determine if a referral for mediation is appropriate in accordance with the criteria of OAR 413-120-0628(1) through (3).

(2) Parent(s) who actively chose adoption for their child through voluntary relinquishment of parental rights and who do not present a danger to their child or to an adoptive family, may be most appropriate to participate in a cooperative adoption mediation process. However, parent(s) who have an adversarial relationship with the Department may be able to work cooperatively with a mediator and the adoptive family in a cooperative adoption mediation process.

(3) The decision of a birth parent(s) to relinquish parental rights or a Department decision to proceed to a termination of parental rights trial must be made independent from the Department's decision to refer a case for cooperative adoption mediation. One decision must not be conditioned upon the other.

(a) Relinquishment or termination of parental rights resolves the child's legal status;

(b) The cooperative adoption mediation process is not a means to avoid a termination of parental rights trial. At no time shall a voluntary relinquishment be conditioned on the willingness of the birth parent(s) and/or adoptive parent(s) to enter into a cooperative adoption mediation process;

(c) Caseworkers may not guarantee a certain level of openness in adoption nor make any promises regarding the cooperative adoption mediation process to convince a parent(s) to voluntarily relinquish the child for adoption.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305
Hist.: CWP 33-2003, f. & cert. ef. 10-3-03

413-120-0630

Post Adoption Communication Agreements (PACAs)

(1) The cooperative adoption mediation process allows the mediation participants to make an informed and self determined decision after exploring the full range of options available to them. These decisions may be memorialized in a PACA. Post Adoption Communication Agreements make the most sense in situations where birth parent(s) are working with the agency to plan adoption, and where voluntary relinquishment of parental rights will be the mechanism to free the child for adoption rather than termination of parental rights. Parents who actively choose adoption for their child, and who do not present a danger to their child or to an adoptive family, are appropriate for a Post Adoption Communication Agreement.

(2) The PACA must address the safety concerns listed in the Mediation Referral Form.

(3) The PACA must not condition the terms of agreement upon the decision of the birth parent(s) to relinquish parental rights.

(4) Informed decision making in mediation involves giving the participants the opportunity to make self-determined decisions after exploring options that may impact the terms of their final agreement. The following characteristics should be considered in forming a PACA:

(a) It is based on the individual needs of the child and capable of meeting the child's developmental needs over time;

(b) Reflects the intent of relationship building in order for the adoptive parent(s) to meet the needs of the adopted child through growth and development;

(c) It is clear and can be understood by the mediation participants;

(d) It addresses how contingencies will be handled. For example: failure to adhere to the terms of the agreement by any mediation participant; requests for informal changes to the terms of the agreement, etc.

(e) It includes a procedure for modifying the agreement to meet the changes of the child through growth;

(f) It addresses how costs to support the agreement, such as transportation, counseling, supervision of visits, and letter and picture exchanges will be met.

[ED. NOTE: Forms referenced are available from the agency.]

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305
Hist.: CWP 33-2003, f. & cert. ef. 10-3-03

413-120-0635

Cooperative Adoption Planning Through Legal Assistance Mediation Services

(1) Department will provide information on an ongoing basis to birth and adoptive families, Department staff, and other interested persons in the child's life: Information regarding the value and benefits of cooperative adoption planning; the use of mediation as a tool to achieve a cooperative adoption; and, the roles of all mediation participants in the cooperative adoption process. This concurrent planning education will take place early and often throughout the case. (See Flow Chart Box 1 & 2)

(2) The birth parent(s), identified adoptive parent(s), CASA, child, attorneys of record, Citizen Review Boards and other persons interested in the child's need for permanency, safety and well-being may request that the case be referred for cooperative adoption mediation services. (See Flow Chart Box 3.)

(3) The Department will obtain input from interested persons, prior to or during the cooperative adoption planning process, regarding the appropriateness of cooperative adoption planning to address the child's permanency, safety and well-being. (See Flow Chart Box 4.)

(4) On an ongoing basis, Department staff will explore the willingness of the birth and adoptive parent(s) to engage in the cooperative adoption planning process through mediation. (See Flow Chart Box 5.)

(5) A Mediation Referral Form must not be submitted until a committee has selected the adoptive parent(s) for a child, either at the preliminary current caretaker or adoption committee, and until the case has been staffed and approved for mediation by a LAS. See OAR 413-120-0500 through 0540 (1-G.1.1 Non relative Current Caretaker Adoption Planning), and OAR 413-120-0000 through 0080 (1-G.1.5, Adoption Placement Selection.)

(6) To support the development of a cooperative adoption planning process through mediation, the Department must have the following responsibilities:

(a) After a Legal Assistance Referral has been approved, the caseworker must consult with the LAS and the assigned legal assistance attorney. Consultation must address whether the birth parent(s) present a continuing threat to their child and/or adoptive parent(s), and whether a plan for openness in adoption will meet the individual needs of the child;

(b) If parent(s) want to plan cooperatively and there is no approval for a legal assistance referral an exception can be made to allow for a referral for mediation using the criteria provided in OAR 413-600-0068.

(c) The child's caseworker must obtain from the birth parent(s) and from the adoptive parent(s), if no adoption worker is assigned, a signed DHS 2098 Authorization for Use and Disclosure of Non-Health Information and DHS 2099 Authorization for Use and Disclosure of Health Information to the mediator;

(d) To request mediation services funded through the Legal Assistance program, the child's caseworker, or in some cases, the adoptive parent(s)'s worker must make referrals for cooperative adoption mediation on the CF 0437 Mediation Referral Form. The child's caseworker, in consultation with the adoptive parent(s) worker, if assigned, must list on the Mediation Referral Form, benefits specific to the individual case and safety concerns that, if an agreement is reached, must be met in a written PACA. The form should be prepared with the understanding that the birth parent(s) and adoptive parent(s) will be receiving a copy of the form.

(e) The child's caseworker, and in some cases, the adoptive parent(s)'s worker, must provide to the mediator, on the CF 437b Contact Information Form, information of the mediation participants, and other collateral resources when applicable.

(7) In order to allow for informed decision-making by the adoptive parent(s) in the cooperative adoption mediation process, the adoption worker must:

(a) Provide the adoptive parent(s) with the case materials itemized on the Form CF 963;

(b) Review with the adoptive parent(s) the statement of benefits to the child for cooperative adoption planning listed on the Cooperative Adoption Mediation Referral Form CF 0437;

(c) Obtain from the adoptive parent(s) a signed Authorization of Use and Disclosure of Non-Health Information Form DHS 2098 and a signed Authorization for Use and Disclosure of Health Information From DHS 2099 authorizing release of information to the mediator;

(d) Be responsible to contact the mediator if the adoption worker is assigned after the cooperative adoption mediation process has already begun.

(8) The Cooperative Adoption Mediation Referral form must be forwarded to the central office LAS assigned to the local Department office for approval of funds disbursement. If funds are approved, Central office staff must notify the mediator that funds have been approved and that the mediation service may begin. (See Flow Chart Box 6.)

(9) A child welfare mediator contracted to provide cooperative adoption mediation must have the following responsibilities:

(a) The mediator must keep confidential all mediation communications. (ORS 36.220-25.238 and 410-006-0011);

(b) The mediator must accept referrals from the Department on the Cooperative Mediation Referral Form CF 0437;

(c) Within two weeks of receiving the CF 0437, the mediator must contact the child's worker and the adoption worker of the selected adoptive family for additional information on the case and further discussion of the Department's safety concerns, if needed (See Flow Chart Box 7.);

(d) After contacting the child's worker and the adoption worker, but within the two week of receiving the CF 0437, the mediator must contact the birth parent(s) and adoptive parent(s) to begin mediation services,

(e) The beginning of the mediation process, the mediator must inform the mediation participants about the mediation process, explain their role and responsibilities during the process, provide them with a copy of ORS 109.305, review the mediation referral form with the mediation participants and provide them with a copy, and if the mediation participants choose to continue in mediation, obtain their signature on the Agreement to Mediate Form (See Flow Chart 8a.);

(f) The mediator must make collateral contact with professionals involved in the case including, but not limited to, children's attorney, CASA, and birth and adoptive parent(s)' attorneys. If requested, the mediator must also keep informed, the Assistant Attorney General or Deputy District Attorney assigned to the case;

(g) If the mediation participants reach agreement and the mediation participants desire it, the mediator must draft a PACA. The PACA must address the mediation participant's issues and the documented safety concerns as set forth in the Mediation Referral Form (See Flow Chart 9.);

(h) The mediator must provide the draft PACA to the mediation participants and must encourage the mediation participants to review the draft with legal counsel;

(i) Once the mediation participants have approved the draft, the mediator must provide the child's worker with the proposed PACA for the review and concurrence that it meets the safety needs of the child.

(10) The Department has the following additional responsibilities:

(a) The child's caseworker must review the draft PACA solely for the purpose of assessing whether it will meet the safety needs of the child, as set forth in the Mediation Referral Form (See Flow Chart Box 9.);

(b) If the child's caseworker concludes that the PACA meets the safety needs of the child, the child's caseworker or other agency representative must sign the final PACA. (Flow Chart Box 11(b).)

(c) If the child's caseworker concludes that the PACA may not meet the safety needs of the child, the child's caseworker must notify the LAS. The LAS must inform the mediation participants in the form of written communication sent to the mediator ("LAS Notice"). The LAS Notice must state the continued safety concerns for the child. (See Flow Chart Box 11(a).)

(11) A contracted mediator has the following additional responsibilities:

(a) If the mediator is informed through a LAS Notice (see Flow Chart, Box 11) that the PACA does not meet the safety needs of the child, the mediator must set another mediation session with the mediation participants, and an agency representative, if requested by the mediation participants. The mediator may consult with the child's caseworker for clarification about the LAS Notice before setting the additional mediation session.

(b) If the additional mediation session results in a revised draft PACA, the mediator will repeat the processes outlined in (9)(g) through (10)(c) in this rule.

(c) After the Department determines that the revised draft PACA meets the safety needs of the child, the mediator must arrange for the mediation participants and an agency representative to sign the agreement (See Flow Chart 11(b));

(d) If no agreement can be reached, the mediator must send a letter summarizing the situation to Central Office with the final invoice.

[ED. NOTE: Forms & Flow Charts referenced are available from the agency.]

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.305
Hist.: CWP 33-2003, f. & cert. ef. 10-3-03

Identification and Consideration of Potential Adoption Resources

413-120-0700

Purpose

These rules (OAR 413-120-0700 to 413-120-0760) describe the responsibilities of the Department to:

(1) Identify the potential adoptive resources for a child or sibling group under consideration to best meet the current and lifelong needs of each child for safety, permanency, and well-being; and

(2) Establish an order of preference for assessment and consideration of potential adoptive resources.

Stat. Auth.: ORS 109.309, 409.050, 418.005
Stats. Implemented: ORS 109.309, 409.010, 418.005, 418.280, 418.285, 418.937, 419B.090, 419B.100, 419B.192
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10

413-120-0710

Definitions

The following definitions apply to OAR 413-120-0700 to 413-120-0760:

(1) "Adoption home study" means a written report documenting the result of an assessment conducted by the Department, a licensed adoption agency, or another public agency to evaluate the suitability of an individual or individuals to adopt and make a lifelong permanent commitment to a child or children.

(2) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request or, if a review was requested, the selection was sustained by that review and the review is complete.

(3) "Child" means a person under 18 years of age.

(4) "Current caretaker" means a foster parent who:

(a) Is currently caring for a child in the legal custody of the Department who has a permanency plan or concurrent permanent plan of adoption;

(b) Has cared for the child or at least one sibling in a sibling group under consideration for at least the past 12 consecutive months; and

(c) Has been identified by the Department as a potential adoptive resource for the child and when appropriate, the siblings in a sibling group under consideration for adoption in the same adoptive family.

(5) "Department" means the Department of Human Services, Child Welfare.

(6) "Foster parent" means an individual who operates a home that has been approved by the Department to provide care for an unrelated child or young adult placed in the home by the Department.

(7) "General applicant" means an individual who:

(a) Is neither relative or current caretaker; and

(b) Has submitted a complete application to adopt a child.

(8) "Indian child" means any unmarried person who is under 18 years of age and is either:

(a) A member of an Indian tribe; or

(b) Eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe.

(9) "Permanency committee" means a group of individuals who are responsible for making a recommendation regarding a permanency plan or potential permanent resource when the child or young adult likely is not returning to his or her parent.

(10) "RCWAC" means the Refugee Child Welfare Advisory Committee.

(11) "Refugee child" has the meaning given that term per ORS 418.925.

(12) "Relative" means (each of the following individuals is a "relative"):

(a) An individual with one of the following relationships to the child or young adult through the parent of the child or young adult unless the relationship has been dissolved by adoption of the child, young adult, or parent:

(A) Any blood relative of preceding generations denoted by the prefixes of grand, great, or great-great.

(B) Any half-blood relative of preceding generations denoted by the prefixes of grand, great, or great-great (individuals with one common biological parent are half-blood relatives).

(C) A sibling, also to include an individual with a sibling relationship to the child or young adult through a putative father.

(D) An aunt, uncle, nephew, niece, first cousin, and first cousin once removed.

(E) A spouse of anyone listed in paragraphs (A) to (D) of this subsection, even if a petition for annulment, dissolution, or separation has been filed or the marriage is terminated by divorce or death. To be considered a "relative" under this paragraph, the child or young adult must have had a relationship with the spouse prior to the most recent episode of Department custody.

(b) An individual with one of the following relationships to the child or young adult:

(A) An individual defined as a relative by the law or custom of the tribe of the child or young adult if the child or young adult is an Indian child under the Indian Child Welfare Act or in the legal custody of a tribe.

(B) An individual defined as a relative of a refugee child or young adult under Child Welfare Policy I-E.2.2, "Placement of Refugee Children", OAR 413-070-0300 to 413-070-0380.

(C) A stepparent or former stepparent if the child or young adult had a relationship with the former stepparent prior to the most recent episode of Department custody; a stepbrother; or a stepsister.

(D) The registered domestic partner of the parent of the child or young adult or a former registered domestic partner of the parent of the child or young adult if the child or young adult had a relationship with the former domestic partner prior to the most recent episode of Department custody.

(E) The adoptive parent of a sibling of the child or young adult.

(F) The unrelated legal or biological father or mother of a half-sibling of the child or young adult when the half-sibling of the child or young adult is living with the unrelated legal or biological father or mother.

(c) An individual identified by the child or young adult or the family of the child or young adult, or an individual who self-identifies, as being related to the child or young adult through the parent of the child or young adult by blood, adoption, or marriage to a degree other than an individual specified as a "relative" in paragraphs (A) to (D) of subsection (a) of this section unless the relationship has been dissolved by adoption of the child, young adult, or parent.

(d) An individual meeting the requirements of at least one of the following paragraphs:

(A) Not related to the child, young adult, or parent by blood, adoption, or marriage:

(i) Who is identified as a member of the family by the child or young adult or by the family of the child or young adult; and

(ii) Who had an emotionally significant relationship with the child or young adult or the family of the child or young adult prior to the most recent episode of Department custody.

(B) Who has a blood relationship to the child or young adult as described in paragraphs (a)(A) to (D) of this section through the birth parent of the child or young adult, but the prior legal relationship has been dissolved by adoption of the child, young adult, or parent.

(e) For eligibility for the guardianship assistance program:

(A) A stepparent is considered a parent and is not a "relative" for the purpose of eligibility for guardianship assistance unless a petition for annulment, dissolution, or separation has been filed, or the marriage to the adoptive or biological parent of the child has been terminated by divorce or death.

(B) A foster parent may only be considered a "relative" for the purpose of eligibility for guardianship assistance when:

(i) There is a compelling reason why adoption is not an achievable permanency plan;

(ii) The foster parent is currently caring for a child, in the care or custody of the Department or a participating tribe, who has a permanency plan or concurrent permanent plan of guardianship;

(iii) The foster parent has cared for the child for at least 12 of the past 24 months; and

(iv) The Department or tribe has approved the foster parent for consideration as a guardian.

(13) "Sibling" means one of two or more children or young adults related:

(a) By blood or adoption through a common legal parent;

(b) Through the marriage of the legal or biological parents of the children or young adults; or

(c) Through a legal or biological parent who is the registered domestic partner of the legal or biological parent of the children or young adults.

(14) "Substitute caregiver" means a relative caregiver, foster parent, or provider who is authorized to provide care to a child or young adult who is in the legal or physical custody of the Department.

Stat. Auth.: ORS 109.309, 418.005
Stats. Implemented: ORS 109.309, 418.005, 418.285, 418.937, 419B.090, 419B.100, 419B.192
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10; CWP 11-2014, f. & cert. ef. 6-3-14

413-120-0720

Department's Efforts to Place with Relatives and to Place Siblings Together

(1) The Department's preference for placement of a child for the purpose of adoption is placement with relatives and placing siblings together.

(2) Prior to pursuing a non-related potential adoptive resource, the caseworker and the caseworker's supervisor must comply with the requirements of both of the following subsections:

(a) Review the Department's diligent efforts to identify, contact, and place a child or young adult with relatives and to place siblings together as required under Child Welfare Policy I-E.1.1, "Search for and Engagement of a Child's Relatives", OAR 413-070-0060 to 413-070-0087; and

(b) Confirm there are no current Department actions to identify or assess a child's relative who has either expressed an interest in and needs to be or currently is being assessed as a potential adoptive resource, unless OAR 413-120-0730(1)(b) applies.

Stat. Auth.: ORS 109.309, 418.005
Stats. Implemented: ORS 109.309, 418.005, 418.285, 419B.090, 419B.192
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10

413-120-0730

Order of Preference for Identification of Potential Adoptive Resources

(1) Except as provided in sections (2) and (3) of this rule, when identifying potential adoptive resources for a child or sibling group under consideration, the caseworker must consider the needs and the best interest of each child, and assess the knowledge, skills, and abilities of each potential adoptive resource in the following order of preference:

(a) A relative as defined in OAR 413-120-0710(12)(a)–(c).

(b) A relative as defined in OAR 413-120-0710(12)(d), or a current caretaker (except when OAR 413-120-0580(2)(b)(B) applies), or both.

(c) A current caretaker and a general applicant, when a determination has been made under OAR 413-120-0580(2)(b)(B).

(d) Except as provided in subsection (c) of this section, a general applicant.

(2) When the child is identified as an Indian child, the caseworker must comply with Child Welfare Policy I-E.2.1, "Placement of Indian Children", OAR 413-070-0100 to 413-070-0260.

(3) When the child is identified as a refugee child, the caseworker must comply with Child Welfare Policy I-E.2.2, "Placement of Refugee Children", OAR 413-070-0300 to 413-070-0380.

Stat. Auth.: ORS 109.309, 418.005
Stats. Implemented: ORS 109.309, 418.005, 418.285, 419B.090, 419B.192
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10; CWP 4-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11; CWP 20-2011, f. & cert. ef. 9-19-11

413-120-0750

Recruitment Efforts

(1) Except as provided in section (2) of this rule, the Department's recruitment efforts may not consider the race, color, or national origin of a potential adoptive resource or a child.

(2) When recruiting potential adoptive resources for an Indian child, the Department may consider the cultural heritage of a potential adoptive resource or the child under Child Welfare Policy I-E.2.1, "Placement of Indian Children", OAR 413-070-0100 to 413-070-0260.

(3) The Department must begin recruitment for the child or sibling group under consideration in a timely manner that is appropriate to each child's permanency and concurrent permanent plans.

(4) When a child is not fully free for adoption, the legal assistance specialist must:

(a) Determine when recruitment may begin;

(b) Determine whether recruitment may begin for a child with extraordinary needs before the Department initiates the process to free the child for adoption; and

(c) Notify the caseworker to begin recruitment efforts.

(5) As part of the identification of general applicants who will be considered in the adoption placement selection process, the child's caseworker must conduct recruitment activities including, at a minimum, ensuring a Waiting Child Bulletin has been posted, for at least 30 days, unless one or more of the following subsections applies:

(a) An exception to this timeline has been approved by the Assistant Adoption Program Manager or designee.

(b) The Department has determined, under Child Welfare Policy I-E.3.6, "Legal Permanency, Concurrent Planning and Use of Permanency Committee", OAR 413-070-0516, that an individual known to the child or sibling group under consideration, should be assessed for consideration as the potential adoptive resource, based upon the following:

(A) The best interest of each child under consideration;

(B) The strength of the relationship between each child under consideration and the individual;

(C) The likelihood that the individual will have a positive adoption home study and be able to meet the Department standards under Child Welfare Policy I-G.1.3, "Adoption Applications, Adoption Home Studies, and Standards for Adoption, OAR 413-120-0246(1); and

(D) The individual has demonstrated the knowledge, skills, abilities, and commitment to raise each child under consideration for adoption; and

(E) The individual has the capacity to meet the current and lifelong safety, permanency, and well-being needs of the child under Child Welfare Policy I-E.3.1, "Placement Matching", OAR 413-070-0640.

(c) An exception to the order of preference was granted by the Adoption Program Manager under OAR 413-120-0760.

(6) Recruitment activities under section (5) of this rule are not required when the Department has planned for:

(a) The child or sibling group under consideration to be adopted by a relative of at least one of the siblings under consideration; or

(b) The child or sibling group under consideration to be adopted by a current caretaker.

(7) The Department's recruitment efforts for a child or sibling group under consideration must be documented in the Department's information system.

Stat. Auth.: ORS 109.309, 418.005
Stats. Implemented: ORS 109.309, 418.005, 418.285, 419B.090, 419B.192
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10; CWP 4-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11; CWP 20-2011, f. & cert. ef. 9-19-11

413-120-0760

Identification of a Child's Potential Adoptive Resources

(1) When identifying potential adoptive resources for a child, the child's caseworker may:

(a) After discussion with his or her supervisor and on a case-by-case basis, consult with a birth parent to identify one to three potential adoptive resources; and

(b) Provide a birth parent with non-identifying information from the adoption home study of a potential adoptive resource who is a general applicant not known to the parent or child.

(2) When more than one relative is interested in being an adoptive resource, the Department must consult with those interested to facilitate agreement on the most appropriate potential adoptive resource.

(a) When agreement cannot be reached, the Department considers relatives among both maternal and paternal family members who have expressed an interest, and chooses up to a total of three families for adoption home studies, to be conducted by either the Department or another public or private agency.

(b) When an adoption home study has been initiated and the potential adoptive resource is not approved or withdraws, the Child Welfare Program Manager or designee decides whether the Department will initiate adoption home studies with additional relatives based upon:

(A) The best interest of the child; and

(B) The impact on achieving permanency when pursuing additional studies.

(3) The child's caseworker must comply with the requirements of all of the following subsections:

(a) Make reasonable efforts to identify and place the child with an adoptive resource in a timely manner.

(b) Request input about the knowledge, skills, abilities, and commitment a potential adoptive resource needs to best be able to meet the current and lifelong needs of the child from:

(A) Professionals who have worked closely with the child, when applicable; and

(B) The child's attorney, CASA, tribal representative, RCWAC representative, and substitute caregiver, when applicable.

(c) Receive and review adoption home studies in a timely manner.

(d) Following consultation with his or her supervisor, identify up to three potential adoptive resources following the order of preference in OAR 413-120-0730 to be considered for adoption placement selection who:

(A) Meet the standards of an adoptive home in Child Welfare Policy I-G.1.3, "Adoption Applications, Adoption Home Studies, and Standards for Adoption", OAR 413-120-0246;

(B) Have the knowledge, skills, abilities, and commitment to raise each child under consideration for adoption; and

(C) Have the capacity to meet the current and lifelong safety, permanency, and well-being needs of the child under Child Welfare Policy I-E.3.1, "Placement Matching", OAR 413-070-0640.

(4) If the caseworker is unable to identify any potential adoptive resources for adoption placement selection in the first order of preference set forth in OAR 413-070-0730(1) who are relatives as defined in OAR 413-120-0710(12)(a)–(c) and meet the criteria in paragraphs (3)(d)(A)–(C) of this rule, the caseworker may identify one to three potential adoptive resources who meet the criterion in paragraphs (3)(d)(A)–(C) of this rule who may include a relative or relatives as defined in OAR 413-120-0710(12)(d) or a current caretaker.

(5) If the caseworker is unable to identify any potential adoptive resources for adoption placement selection in the first or second order of preference set forth in OAR 413-070-0730(1) — who are relatives as defined in OAR 413-120-0710(12)(a)–(d) or a current caretaker and meet the criteria in paragraphs (3)(d)(A)–(C) of this rule — or a Child Welfare Program Manager has made the decision to consider a current caretaker along with general applicant under OAR 413-120-0580(2), the caseworker must identify one to three general applicants as potential adoption resources.

(6) The caseworker may, in consultation with his or her supervisor, submit a written recommendation to the Child Welfare Program Manager that an exception to the order of preference set forth in OAR 413-120-0730(1) be requested to allow consideration of additional potential adoptive resources for adoption placement selection when the caseworker believes that an exception is in the best interest of each child.

(a) Upon the recommendation of a caseworker and supervisor, the Child Welfare Program Manager may submit a written request for an exception to the order of preference set forth in OAR 413-120-0730(1) from the Adoption Program Manager if the Child Welfare Program Manager determines that an exception is in the best interest of each child.

(b) The Child Welfare Program Manager's written request must include the following documentation:

(A) The potential adoptive resources already identified for the adoption placement selection process;

(B) The relative, current caretaker, or specific general applicant the caseworker is requesting for inclusion in the adoption placement selection process;

(C) How the relative, current caretaker, or specific general applicant meets the criteria in subsection (3)(d) of this rule;

(D) Why inclusion of the relative, current caretaker, or specific general applicant in the adoption placement selection process is in the best interest of each child;

(E) The special needs of each child; and

(F) Whether and how the relative, current caretaker, or specific general applicant support the child's ability to continue emotionally significant relationships with relatives.

(c) Within 30 calendar days of receipt of the request for exception, the Adoption Program Manager must review the materials submitted and determine whether or not to grant the exception to the order of preference and include the relative, current caretaker, or specific general applicant in the adoption selection process.

(d) In reviewing the request and determining whether or not to grant the exception, the Adoption Program Manager shall consider the following factors:

(A) How the relative, current caretaker, or specific general applicant meets the criteria in subsection (3)(d) of this rule;

(B) Why inclusion of the relative, current caretaker, or specific general applicant in the adoption placement selection process is in the best interest of each child;

(C) The special needs of each child; and

(D) Whether and how the relative, current caretaker, or specific general applicant supports the child's ability to continue emotionally significant relationships with relatives.

(E) The length of a child's placement with an individual may not be considered as the sole basis for granting an exception.

(e) Within ten business days of making a determination whether or not to grant the exception, the Adoption Program Manager must specify in writing to the Child Welfare Program Manager:

(A) Whether or not the exception was granted;

(B) How the determination supports the best interest of each child; and

(C) The relative, current caretaker, or specific general applicant to be included in the adoption placement selection process along with the one to three potential adoptive resources already identified by the caseworker.

(7) In consultation with the supervisor, the caseworker must determine the appropriate adoption selection process pursuant to Child Welfare Policy I-G.1.5, "Adoption Placement Selection", OAR 413-120-0020.

(8) The caseworker must consult with the adoption worker for each of the identified potential adoptive resources pursuant to Child Welfare Policy I-G.1.5, "Adoption Placement Selection", OAR 413-120-0021(2).

(9) The caseworker must document the actions taken under this rule in the Department's information system.

Stat. Auth.: ORS 109.309, 418.005
Stats. Implemented: ORS 109.309, 418.005, 418.285, 419B.090, 419B.192
Hist.: CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 35-2010, f. & cert. ef. 12-29-10; CWP 4-2011(Temp), f. & cert. ef. 3-22-11 thru 9-18-11; CWP 20-2011, f. & cert. ef. 9-19-11

Supervision and Support of an Adoptive Placement

413-120-0800

Purpose

These rules (OAR 413-120-0800 to 413-120-0880) describe.

(1) Department responsibilities following the selection of an adoptive resource pursuant to Child Welfare Policy I-G.1.5, "Adoption Placement Selection", OAR 413-120-0000 to 413-120-0060 for:

(a) Adoption transition and placement of the child with the adoptive resource;

(b) Supervision of the adoptive placement;

(c) Support for the child and adoptive family after placement; and

(d) Actions required by the Department when a disruption of an adoptive placement of a child in the legal custody of the Department is likely or has occurred.

(2) The actions required by the Department when concerns arise regarding the appropriateness of an adoptive resource for a child or children in the legal custody of another public child welfare agency that the Department is supervising.

(3) The additional requirements for an international adoption of a child in the legal custody of the Department are referenced in Child Welfare Policy I-G.1.14, "Intercountry Adoption Pursuant to the Hague Convention and Intercountry Adoption Act", OAR 413-120-0900 to 413-120-0970.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10

413-120-0810

Definitions

The following definitions apply to OAR 413-120-0800 to 413-120-0880:

(1) "Adoption home study" means a written report documenting the result of an assessment conducted by the Department, a licensed adoption agency, or another public agency to evaluate the suitability of an individual or individuals to adopt and make a lifelong permanent commitment to a child or children.

(2) "Adoption placement selection" means a decision made by the Department that an individual or individuals have been identified as the adoptive resource for the child.

(3) "Adoption transition" means activities related to the placement of a child or sibling group under consideration in the home of the family selected as the adoptive resource.

(4) "Adoptive resource" means an individual or individuals selected by the Department, another public child welfare agency, or a licensed adoption agency as the adoptive family for a child where no administrative review was requested within the timeframe allowed for such a request or, if a review was requested, the selection was sustained by that review and the review is complete.

(5) "Child" means a person under 18 years of age.

(6) "Department" means the Department of Human Services, Child Welfare.

(7) "Disruption" means the interruption of an adoptive placement prior to the finalization of the adoption in a court of law.

(8) "Legal risk adoptive placement" means a placement with a substitute caregiver designated by the Adoption Program as the child's adoptive resource after the Department has made a formal decision:

(a) To legally free the child for adoption; and

(b) To finalize the adoption with the adoptive resource when the child becomes legally free.

(9) "Post-placement supervision" means the supervision of a child following placement with an adoptive resource.

(10) "Substitute caregiver" means a relative caregiver, foster parent, or provider who is authorized to provide care to a child or young adult who is in the legal or physical custody of the Department.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 24-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 32-2003, f. & cert. ef. 10-1-03; CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10

413-120-0830

Department Actions Prior to Placement

(1) Prior to the physical placement of a child in the home of the family selected to be the adoptive resource, the caseworker must arrange post-placement supervision and medical coverage for the child.

(2) When the family selected to be the adoptive resource is outside the state of Oregon, but in the United States:

(a) The court and the receiving state must agree to the adoptive placement prior to the physical placement of a child who is not yet legally free for adoption;

(b) Approval as required by Child Welfare Policy I-B.3.4.2, "Interstate Compact on the Placement of Children", OAR 413-040-0200 to 413-040-0330 must be received; and

(c) When supervision is to be provided by a private agency, the Department must contract only with an agency willing to:

(A) Provide supportive services to the child and adoptive family;

(B) Provide progress reports as required by the Department;

(C) Provide a written recommendation regarding the finalization of the adoption; and

(D) Accept payment as authorized by the Department.

(3) Unless an exception is approved as described in OAR 413-120-0840, adoption transition of a child into the home of a family selected to be the adoptive resource may not begin until:

(a) The time period has expired for the written request for review of the adoption placement selection as described in Child Welfare Policy I-G.1.5, "Adoption Placement Selection", OAR 413-120-0060; or

(b) In the event the DHS Assistant Director of the Office of Child Welfare Programs or designee gives notice of the intent to review, until that review is complete.

(4) The Department may issue a child specific foster care certificate to an individual or individuals who have been selected as an adoptive resource when:

(a) Department staff have completed an assessment and home study under OAR 413-200-0274 for an adoptive applicant; or

(b) A child-caring agency licensed under OAR 413-215-0001 to 413-215-0131 and 413-215-0414 to 413-215-0481 as an adoption agency has submitted all of the following to the Department:

(A) Verification that the adoptive resource has completed the adoption agency orientation required under OAR 413-215-0446(2) and training required under 413-215-0456;

(B) The home study prepared subsequent to the assessment of the family described in OAR 413-215-0451;

(C) A copy of the checklist verifying the safety of the home and surrounding environment;

(D) Documentation verifying the approval of the criminal history and child abuse history checks required under OAR 413-215-0451(2)(s) and (t); and

(E) A copy of the Certificate of Approval as a potential adoptive resource.

(5) The child specific foster care certificate issued under subsection (4)(a) of this rule has a begin date coinciding with the date of approval of the most recent home study or home study update, and an end date two years from that approval unless the criminal records check required under OAR 413-120-0460 requires an earlier end date.

(6) The child specific foster care certificate issued under subsection (4)(b) of this rule is a two-year certificate with a begin date coinciding with the approval of the home study or home study update.

(7) When a child specific foster care certificate is issued under section (4) of this rule, the home visits required by a certifier under OAR 413-200-0283(1) are not required. Caseworker contact requirements for monitoring child safety under 413-080-0059 are required.

Stat. Auth.: ORS 418.005 & 418.640
Stats. Implemented: ORS 418.005, 418.630 & 418.640
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 24-2001, f. 6-29-01 cert. ef. 7-1-01; CWP 32-2003, f. & cert. ef. 10-1-03; CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10; CWP 4-2012, f. 8-31-12, cert. ef. 9-1-12

413-120-0840

Early Adoption Transition

(1) The child's caseworker, following consultation with the caseworker's supervisor and the approval of the Child Welfare Program Manager, may request physical placement with the family selected to be the adoptive resource before the timelines described in OAR 413-120-0830 when the requirements in all of the following subsections are met:

(a) It is in the best interests of the child;

(b) There are no indications that a review of the adoption placement selection will be requested; and

(c) When the child is to be placed in a state within the United States and outside of Oregon, the requirements under OAR 413-120-0830 have been met regarding a placement in a state other than Oregon.

(2) The caseworker must send the written request for early adoption transition, including the basis for the request, to the Adoption Program Manager or designee who makes the final decision.

(3) The caseworker must document the decision regarding the early adoption transition in the Department's information system.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10

413-120-0860

Placement and Post-placement Supervision

(1) The child's caseworker must offer support and services to the adoptive resource to assist in a successful adoption transition of the child into the home of a family selected to be the adoptive resource.

(2) Post-placement supervision must include all of the following:

(a) Monthly face-to-face contact with the child described in OAR 413-080-0055;

(b) Assessment of the child's safety and well-being under Child Welfare Policy I-B.1, Monitoring Child Safety, OAR 413-080-0067;

(c) Providing services and support to assist the adoptive resource in meeting the requirements described in Child Welfare Policy I-G.1.3, "Adoption Applications, Adoption Home Studies, and Standards for Adoption", OAR 413-120-0246(1)(b).

(d) Providing support to the adoptive resource in the process of the completion and submission of the adoption assistance application, when applicable; and

(e) Documentation from the supervising worker which includes the supervision reports and a recommendation regarding finalization of the adoption.

(3) When the child is placed through an in-state private agency, the Department must provide supervision of the placement and, when applicable, must coordinate support services with the in-state private agency.

(4) When it becomes known to the Department that there are significant changes to the adoptive resource's situation, including changes in the family structure, the Department may require an updated adoption home study prior to making a determination to proceed with finalization of the adoption.

(5) Prior to finalization of the adoption, the Department must ensure that the adoptive resource is made aware of all of the following:

(a) Available post-legal services;

(b) The potential eligibility for federal or state adoption tax credits, or both; and

(c) The ability to seek voluntary supportive services through the Department to stabilize an adoption and promote lifelong permanency for children.

(6) The standard supervision period for an adoptive placement is a minimum of six consecutive months and can include the time the adoptive resource was the child's substitute caregiver. When the child's caseworker and the adoption worker agree that it is in the child's best interests to proceed with finalization before the standard six month period:

(a) The child's caseworker or adoption worker must request approval from:

(A) Their supervisor; and

(B) The Adoption Program Manager or designee.

(b) The child's caseworker must document in the Department's information system when approval is given for a reduced post-placement supervision time.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10; CWP 1-2013, f. & cert. ef. 1-15-13

413-120-0870

Disruption

(1) After the adoption placement selection has been made under Child Welfare Policy I-G.1.5, "Adoption Placement Selection", OAR 413-120-0021 or 413-120-0057 but prior to the physical placement of the child with the family selected as the adoptive resource, when circumstances occur or conditions are made known to the Department that give the child's caseworker reason to believe the selected adoptive resource is no longer appropriate for the child or his or her siblings, the child's caseworker must:

(a) Consult with his or her supervisor;

(b) Document the conditions or circumstances of concern; and

(c) Request approval from the Adoption Program Manager to reconsider the adoption placement selection.

(2) When the caseworker for the child determines that a disruption is likely, the caseworker must consult with each of the following to try to preserve the placement, when it is in the best interest of the child to do so:

(a) His or her supervisor;

(b) The adoption worker who is supervising the adoptive placement;

(c) Members of the child's team identified as individuals who can offer additional information or support, and

(d) The family, if possible.

(3) When the Department is supervising an adoptive placement of a child in the custody of another public child welfare agency and concerns arise that indicate that the adoptive resource is no longer appropriate for the child or children, the caseworker must ensure contact is made with the responsible entity and coordinate subsequent actions.

(4) When the caseworker and supervisor recommend to the Child Welfare Program Manager that the adoptive resource for a child in the custody of the Department is no longer appropriate for the child or children, the Child Welfare Program Manager, when in agreement, forwards the request for final approval for a disruption to the Adoption Program Manager.

(5) The caseworker must document the disruption in the Department's information system and notify the central office Adoption Program and the central office ICPC unit, if applicable, of the date of the adoption disruption.

(6) After the disruption of an adoptive placement of a child in the custody of the Department, the child's caseworker must consult with his or her supervisor, the child's team, and individuals with significant adoption experience to staff the case in order to:

(a) Gain a comprehensive understanding of the issues leading to the disruption; and

(b) Increase the likelihood for the child's success in another adoptive placement.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: CWP 14-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10

413-120-0880

No Delay in Placement

(1) The Department may not delay placement of a child for adoption with an adoptive resource based on any criteria listed in the following subsections:

(a) Geographic location; or

(b) Race, color, or national origin of the child or the adoptive resource.

(2) An adoptive resource who believes that the Department violated the prohibition under section (1) of this rule may file a civil rights complaint and request a review under Child Welfare Policy I-A.1, "Client Rights".

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 418.005
Hist.: SOSCF 16-1999, f. & cert. ef. 8-12-99; SOSCF 35-2001, f. 6-29-01 cert. ef. 7-1-01; SOSCF 47-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 13-2007, f. & cert. ef. 8-1-07; Renumbered from 413-120-0045, CWP 16-2010(Temp), f. & cert. ef. 7-1-10 thru 12-28-10; CWP 31-2010, f. & cert. ef. 12-29-10

Intercountry Adoption Pursuant to theHague Convention and Intercountry Adoption Act

413-120-0900

Purpose

These rules (OAR 413-120-0900 to 413-120-0970) describe:

(1) The Department's responsibilities in cases that are subject to the requirements of the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Convention) and the Intercountry Adoption Act of 2000, 42 USC 14901 to 14954 (IAA). The Convention and IAA apply to any case where a child who is a habitual resident of one Convention country has been, is being, or will be moved to another Convention country for the purpose of adoption. The Convention and IAA are intended to protect the rights of and prevent abuses against children, birth families, and adoptive parents involved in any adoption that is subject to the Convention and IAA and to ensure that such adoptions are in the best interests of the child.

(2) The duty of the Department to enter into a formal agreement with the foreign authorized entity of the receiving Convention country for an outgoing Convention adoption to assure that the prospective adoptive parents are suitable and willing to adopt the child, support child safety, and assure the provision of needed services during the period of post-placement supervision prior to finalization of the adoption.

Stat. Auth.: ORS 417.262, 417.265, 418.005
Stats. Implemented: ORS 417.262, 417.265, 418.005
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2014, f. & cert. ef. 5-1-14

413-120-0905

Definitions

The following definitions apply to OAR 413-120-0900 to 413-120-0970:

(1) "Adoption" means a legal or administrative process that establishes a permanent legal parent-child relationship between a child and an adult who is not already the child's legal parent and terminates the legal parent-child relationship between the adopted child and any former parent.

(2) "Central authority" means the entity designated as such by a Convention country that is authorized to discharge the duties imposed on Convention countries.

(3) "Central authority functions" means any duty required to be carried out by a central authority or foreign authorized entity under the Convention.

(4) "Child" means a person under 18 years of age.

(5) "Convention" means the Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoptions, concluded at The Hague, the Netherlands, on May 29, 1993, which went into effect in the United States on April 1, 2008.

(6) "Convention adoption" means an adoption of a child who is a habitual resident in a Convention country by an individual in another Convention country when the child has been, is being, or will be moved between the two Convention countries for the purpose of adoption.

(7) "Convention country" means a country that is a party to the Convention.

(8) "Department" means the Department of Human Services, Child Welfare.

(9) "Foreign authorized entity" means a foreign central authority or an accredited entity authorized by the foreign country to perform central authority functions in Convention adoption cases.

(10) "Hague adoption certificate" means a certificate issued by the Secretary of State in an outgoing Convention adoption certifying that the child has been adopted in the United States in conformity with the Convention and IAA.

(11) "Hague custody declaration" means a declaration issued by the Secretary of State in an outgoing Convention adoption declaring that custody of the child for purposes of adoption has been granted in the United States in conformity with the Convention and IAA.

(12) "IAA" means the Intercountry Adoption Act of 2000, Public Law 106-279, 42 USC 14901 to 14954.

(13) "Incoming Convention adoption" means a case in which a child who is a resident of another Convention country has been, is being, or will be moved to the United States for placement and adoption.

(14) "Outgoing Convention adoption" means a case in which a child in the United States has been, is being, or will be moved to another Convention country for placement and adoption.

(15) "Prospective adoptive parents" means the parents, family members, or other people who reside in the residence, or the physical home location of the family, who have been studied and approved by a foreign authorized entity to adopt a child in the legal and physical custody of the Department and with whom the Department has made an official decision to place the child in the family home for the purpose of adoption.

(16) "Receiving Convention country" means a Convention country in which a child who is the subject of an outgoing adoption will be placed for the purpose of adoption.

(17) "Relative" means:

(a) An individual with one of the following relationships to the child or young adult through the parent of the child or young adult:

(A) Any blood relative of preceding generations denoted by the prefixes of grand, great, or great-great.

(B) Any half-blood relative of preceding generations denoted by the prefixes of grand, great, or great-great (individuals with one common biological parent are half-blood relatives).

(C) An aunt, uncle, nephew, niece, first cousin, and first cousin once removed.

(D) A sibling, also to include an individual with a sibling relationship to the child or young adult through a putative father.

(b) The unrelated legal or biological father or mother of a half-sibling of the child or young adult for the purpose of placing the half-siblings together.

(c) An individual with a relationship to the child or young adult's half-sibling through the half-sibling's legal or biological father or mother as described in paragraphs (a)(A) through (D) of this section, for the purpose of placing the half-siblings together.

(18) "Secretary of State" means the Secretary of the United States Department of State, the central authority for the United States.

(19) "U.S. State Department" means the United States Department of State.

(20) "Young adult" means a person aged 18 through 20 years.

Stat. Auth.: ORS 417.262, 417.265 & 418.005
Stats. Implemented: ORS 417.262, 417.265 & 418.005
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2013(Temp), f. & cert. ef. 11-1-13 thru 4-30-14; CWP 9-2014, f. & cert. ef. 5-1-14

413-120-0910

Duty to Provide Information to Convention Case Registry

(1) Notwithstanding any other Department rule regarding the disclosure of information related to adoptions, the Department must provide all information to the U.S. State Department that is required for registry reporting. This includes, but is not limited to, information on each of the following actions for a Convention adoption, either incoming or outgoing, pending or finalized by the Department:

(a) A child immigrating to the United States for the purpose of adoption;

(b) A child emigrating from the United States for the purpose of adoption;

(c) Number of disruptions;

(d) Number of dissolutions; and

(e) Average length of time to finalization.

(2) The Department must maintain a database of all Oregon, licensed, private agency adoption placements, disruptions, finalizations, and dissolutions. This information must be reported to the U.S. Department of Health and Human Services Administration for Children, Youth, and Families Children's Bureau.

Stat. Auth.: ORS 417.262, 417.265, 418.005
Stats. Implemented: ORS 417.262, 417.265, 418.005
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2014, f. & cert. ef. 5-1-14

413-120-0920

Adoption of a Child Immigrating to the United States (Incoming Convention Adoption)

(1) An incoming Convention adoption can involve a child who:

(a) Holds or is eligible for dual United States and foreign citizenship; or

(b) Is undocumented, but the foreign authorized entity of the child's birth country has determined that the Convention applies to the adoption.

(2) The Department will cooperate with each applicable foreign authorized entity and comply with the requirements of the Convention and IAA with respect to each incoming Convention adoption.

(3) Adoption planning for a child that may be the subject of an incoming Convention adoption must comply with all other applicable Department rules.

Stat. Auth.: ORS 417.262, 417.265, 418.005
Stats. Implemented: ORS 417.262, 417.265, 418.005
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2014, f. & cert. ef. 5-1-14

413-120-0925

Adoption of a Child Emigrating from the United States (Outgoing Convention Adoption)

(1) The Department may pursue an outgoing Convention adoption provided that:

(a) It is in the best interest of the child;

(b) The child has not been abducted, sold, or trafficked in connection with the adoption; and

(c) The prospective adoptive parent:

(A) Is a relative;

(B) Has been assessed, approved, and trained; and

(C) Has been determined able and willing to permanently provide for the safety, well-being, and special needs of the child.

(2) An outgoing Convention adoption may involve a child who meets the requirements of one of the following subsections:

(a) The child is, or is eligible to become, a:

(A) United States citizen;

(B) Legal United States resident; or

(C) Dual United States and foreign citizen.

(b) The child is undocumented, but the foreign authorized entity of the child's birth country has determined that the Convention applies to the adoption.

(3) Adoption planning for a child that may be the subject of an outgoing Convention adoption must comply with other Department rules, including Child Welfare polices: I-AB.4 "CPS Assessment", OAR 413-015-0400 to 413-015-0485; I-F.2 "Determining the Appropriateness of Adoption as a Permanency Plan for a Child", 413-110-0300 to 413-110-0360; I-E.1.1 "Search for and Engagement of Relatives", 413-070-0060 to 413-070-0087; I-F.6 "Sibling Adoption Placement Planning", 413-110-0100 to 413-110-0150; I-G.1.2 Identification and Consideration of Potential Adoptive Resources", 413-120-0700 to 413-120-0760; I-G.1.5 "Adoption Placement Selection", 413-120-0000 to 413-120-0060; and I-G.1.10 "Supervision and Support of an Adoptive Placement", 413-120-0800 to 413-120-0880.

(4) Before a child may be placed in a prospective adoptive home in another Convention country the Department must meet the requirements of each of the following subsections:

(a) Make a written determination that the child is eligible for adoption, that an outgoing Convention adoption is in the child's best interests, and that placement with the prospective adoptive parents is in the best interests of the child.

(b) Complete or obtain a written child background study that includes information about the child's identity; upbringing; adoptability; ethnic, religious, and cultural background; social environment; family history; personal medical history; family medical history; and special needs.

(c) Determine that the prospective adoptive parents meet the definition of relative and document that determination.

(d) Work with the foreign authorized entity in the receiving Convention country to determine whether the prospective adoptive parents are suitable, qualified, and eligible to adopt the child. To do so the Department must meet the requirements in each of following paragraphs:

(A) Provide a copy of the child's background study to the foreign authorized entity in the receiving Convention country.

(B) Obtain from the foreign authorized entity a comprehensive home study on the prospective adoptive parents that is prepared in accordance with the laws of the receiving country; meets the standards established by the Department using the Department's Hague Home Study template; addresses the capacity of the prospective adoptive parents to meet the child's safety, permanency and well-being needs; and includes all of the following:

(i) Information on the prospective adoptive parents, including: identity, eligibility and suitability to adopt, background, family and medical history, social environment, reasons for adoption, ability to undertake an inter-country adoption, and the characteristics of a child for whom they would be qualified to care;

(ii) Confirmation that a foreign authorized entity has determined that the prospective adoptive parents are eligible and suitable to adopt and has ensured that the prospective adoptive parents have been counseled as necessary;

(iii) The results of a criminal background check; and

(iv) Information from competent references for the prospective adoptive parents.

(C) Obtain written confirmation from the foreign authorized entity that the prospective adoptive parents have completed a minimum of 10 hours of Department-approved training that includes training on all of the following:

(i) The effects of physical, emotional, and sexual abuse and neglect on a child;

(ii) The effects of drugs and alcohol on a child;

(iii) The effects of relocating a child and transition issues;

(iv) The significance of the birth family, include grief and loss issues;

(v) Openness in adoption;

(vi) Attachment process and attachment difficulties;

(vii) Positive behavior management; and

(viii) The specific needs of the child to be adopted by the prospective adoptive parents.

(D) Provide notice to the foreign authorized entity studying the prospective adoptive family and providing required training to the prospective adoptive parents that the Department does not condone the use of corporal punishment.

(E) Obtain from the foreign authorized entity a written, signed Supervision Agreement using the approved Department form that describes the responsibilities of the Department and foreign authorized entity with regard to the child's placement with the prospective adoptive parents and includes each of the following:

(i) Requirements for face-to-face visits with the child and the prospective adoptive parents at least every 30 days. These meetings must occur in the prospective adoptive home at least once every 60 days.

(ii) Requirements for face-to-face visits in the prospective adoptive home with other individuals living in the home who can provide information about the child's safety and well-being, as well as any concerns with the placement.

(iii) Requirements for contact at least once every 30 days with professional persons who have established a relationship to the child who can provide collateral observations regarding the child's functioning and the adoptive placement.

(iv) Minimum standards for written reports to be provided every 90 days on contacts with the child, prospective adoptive family, other family members, and collateral contacts.

(v) Confirmation that the child will be authorized to enter and reside in the receiving country permanently or on the same basis as the prospective adoptive parents.

(vi) Confirmation that the foreign authorized entity consents to the adoption of the child by the prospective adoptive family.

(vii) Confirmation that the foreign authorized entity agrees that the child's adoption by the prospective adoptive family may proceed.

(e) After the child is fully free for adoption, establish proof of citizenship for the child and apply for applicable passports.

(f) Submit to the foreign authorized entity written confirmation of the reasons the Department determined that the proposed adoptive placement is in the best interests of the child.

(g) Establish a direct means for the child's collateral contacts in the receiving Convention country to communicate any health or safety concerns about the child to the Department.

(h) Counsel and inform the child, as appropriate in light of the child's age and maturity, of the effects of the adoption, consider the child's views regarding the adoption, and document the discussion and how the child's views were considered.

(i) If the child's consent to the adoption is required, counsel and inform the child about the effects of granting consent, obtain written consent from the child in a manner that assures the consent is given freely and without any inducement by compensation of any kind, and document the discussion.

(j) Determine whether the receiving Convention country requires a Hague custody declaration prior to placement of the child in the home of the prospective adoptive parents, and, if required, apply for and obtain a Hague custody declaration from the U.S. State Department, as provided in OAR 413-120-0970.

(k) Assure that the child's move to the receiving Convention country will be made under secure and appropriate circumstances and in the company of the child's prospective adoptive parents, caseworker, or with another adult.

(5) Following completion of all of requirements in section (4) of this rule and prior to the child traveling to the receiving Convention country for placement with the prospective adoptive parents, the Department must obtain an order from the court that makes findings:

(a) In support of an application for a Hague adoption certificate;

(b) That the prospective adoptive placement is in the best interests of the child;

(c) Authorizing the child to travel to the foreign country for placement with the prospective adoptive parents; and

(d) Authorizing release of the court order for purposes of affecting the child's placement.

Stat. Auth.: ORS 417.262, 417.265, 418.005
Stats. Implemented: ORS 417.262, 417.265, 418.005
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2014, f. & cert. ef. 5-1-14

413-120-0930

Transition, Travel, Placement, and Registration Requirements

For an outgoing Convention adoption:

(1) The Department is responsible for assuring that the child is fully prepared for transition to a new home, community, and country.

(2) A component of transition is establishing that the region the child will travel to and reside in is approved as a safe place to travel by the U.S. State Department.

(3) The child's move to the receiving Convention country must be made under secure and appropriate circumstances and in the company of the child's prospective adoptive parents, caseworker, or another adult.

(4) The child must carry a regular passport from all countries in which the child is a citizen.

(5) If the receiving Convention country requires a Hague custody declaration, the individual accompanying the child during travel must carry a copy of the Hague custody declaration.

(6) After a child is placed in another country for the purpose of adoption, the Department must register the child with the U.S. State Department as a United States citizen living abroad.

Stat. Auth.: ORS 417.262, 417.265, 418.005
Stats. Implemented: ORS 417.262, 417.265, 418.005
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2014, f. & cert. ef. 5-1-14

413-120-0940

Post-Placement Supervision

(1) Notwithstanding the provisions of OAR 413-120-0830 the Department may not consent to an outgoing Convention adoption until at least 6 months after the child has been placed with the prospective adoptive parents. This post-placement supervision period may not be waived.

(2) The Department must keep the foreign authorized entity fully informed about the adoption process and the steps taken to complete the adoption.

(3) The Department must comply with the requirements of each of the following subsections:

(a) Monitor the child's adoption placement by reviewing the 90-day written progress reports received from the foreign authorized entity.

(b) Assess, based on the information in the 90-day reports, whether the child is adjusting to and being integrated into the prospective adoptive family's household.

(c) Complete all necessary steps related to the adoption assistance process, if applicable.

(4) When it becomes known to the Department that there are significant changes to the situation of the prospective adoptive parents, including changes in family structure, the Department may require an updated adoption home study prior to making a determination to proceed with finalization of the adoption.

(5) Prior to finalization of the adoption, when the local child welfare office determines the prospective adoptive parents are no longer appropriate for the child, the requirements of OAR 413-120-0870 apply.

Stat. Auth.: ORS 417.262, 417.265, 418.005
Stats. Implemented: ORS 417.262, 417.265, 418.005
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2014, f. & cert. ef. 5-1-14

413-120-0945

Finalization and Post-Finalization Duties

(1) After the post-placement supervision period has expired and before finalization of an outgoing Convention adoption the Department must submit to the foreign authorized entity proof of the Department's consent to the child's adoption.

(2) An outgoing Convention adoption must be finalized in Oregon pursuant to ORS 419B.529.

(3) Concurrent with finalization of the outgoing Convention adoption the Department must request an order from the court making all of the necessary findings required by the Convention and IAA to support an application for a Hague adoption certificate.

(4) After finalization of the outgoing Convention adoption the Department must apply for a Hague adoption certificate. To apply for a Hague adoption certificate the Department must submit all of the following to the Secretary of State:

(a) A completed Hague adoption certificate application on the form prescribed by the Secretary of State;

(b) A certified copy of the court's order finding that the child is eligible for adoption, that the adoption is in the child's best interest, granting the adoption, and verifying that the requirements of 22 C.F.R. 97.3 have been met; and

(c) Any other additional documentation and information required by the Secretary of State.

(5) For an outgoing Convention adoption, the Department must request two original Hague adoption certificates. The Department provides one original Hague adoption certificate to the adoptive parents and enters one original Hague adoption certificate into the sealed adoption record.

Stat. Auth.: ORS 417.262, 417.265, 418.005
Stats. Implemented: ORS 417.262, 417.265, 418.005, 419B.529
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2014, f. & cert. ef. 5-1-14

413-120-0950

Adoption Assistance

To be eligible for adoption assistance a child who is the subject of a Convention adoption must be a United States citizen and meet all other eligibility requirements under Child Welfare Policy I-G.3.1 "Adoption Assistance", OAR 413-130-0000 to 413-130-0130.

Stat. Auth.: ORS 417.262, 417.265, 418.005
Stats. Implemented: ORS 417.262, 417.265, 418.005
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2014, f. & cert. ef. 5-1-14

413-120-0960

Disclosure to the Adoptive Family

The Department must provide the prospective adoptive parents in an outgoing Convention adoption all the child summary and medical history in both the original format and translated into the primary language of the prospective adoptive parents.

Stat. Auth.: ORS 417.262, 417.265, 418.005
Stats. Implemented: ORS 417.262, 417.265, 418.005
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2014, f. & cert. ef. 5-1-14

413-120-0970

Hague Custody Declarations

(1) When a child will be placed for adoption in a Convention country the Secretary of State may issue a Hague custody declaration acknowledging that legal custody of the child has been granted to prospective adoptive parents for the purpose of immigration and adoption in another Convention country. If the receiving Convention country requires a Hague custody declaration for placement of a child for adoption in the receiving Convention country, the Department must apply for and obtain a Hague custody declaration by completing the U.S. State Department's application and submitting the application with a court order with the proper findings supporting the application.

(2) The Hague custody declaration must accompany the child when the child leaves the United States and travels to the other Convention country.

Stat. Auth.: ORS 417.262, 417.265, 418.005
Stats. Implemented: ORS 417.262, 417.265, 418.005
Hist.: CWP 8-2010(Temp), f. & cert. ef. 6-30-10 thru 12-27-10; CWP 23-2010, f. & cert. ef. 12-28-10; CWP 9-2014, f. & cert. ef. 5-1-14

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