Loading
The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS

 

DIVISION 140

INDEPENDENT ADOPTION SERVICES

Independent Adoptions

413-140-0000

Purpose

The purpose of these rules (OAR 413-140-0000 to 413-140-0110) is to:

(1) Define the role of the Department in an Oregon Non-Departmental adoption of a child;

(2) Provide appropriate Department procedures regarding Non-Departmental adoptions in Oregon;

(3) Specify documents and information required for Non-Departmental adoption waivers issued by the Department; and

(4) Specify fees applicable to the completion of an independent adoption placement report.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 109.309, 109.311, 409.010
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0010

Definitions

The following definitions apply to OAR 413-140-0000 to 413-140-0110:

(1) "Adoption home study" means a written report documenting the result of an assessment to evaluate the suitability of an individual or individuals to adopt and make a lifelong commitment to a child or children, conducted by a licensed adoption agency, the Department, or — when authorized by under the law of another state, country, or territory — another public agency, private individual, or entity.

(2) "Certificate of approval" for the purpose of an adoption home study is a document that:

(a) Is issued by an Oregon licensed adoption agency, and

(b) Approves an adoption home study and certifies that the prospective adoptive family has met the requirements of OAR 413-140-0033.

(3) "Child" means an unmarried person under 18 years of age.

(4) "Contracted adoption agency" means an Oregon licensed adoption agency holding a current contract with the Department to conduct placement reports for independent adoptions and to file those reports with the court.

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

(6) "Household" means all individuals living in the home.

(7) "Independent adoption" means an adoption that is being finalized in Oregon of a child:

(a) That is not a re-adoption, private agency adoption, or out-of-state public agency adoption; and

(b) The child is not in the custody of the Department.

(8) "Licensed adoption agency" means:

(a) An approved child-caring agency of this state acting by authority of ORS 418.270 and OAR 413-215-0401 to 413-215-0481; and

(b) An agency or other organization that is licensed, or otherwise authorized, to provide adoption services pursuant to the laws of that state, country or territory.

(9) "Non-Departmental adoption" means an adoption that is finalized in Oregon for a child who is not in the custody of the Department, and includes:

(a) Re-adoption;

(b) Independent adoption;

(c) Private agency adoption; or

(d) Out-of-state public agency adoption.

(10) "Out-of-state public agency adoption" means an adoption of a child who is a ward of another state and consent for the adoption to finalize in Oregon is given by the out-of-state child welfare agency in loco parentis.

(11) "Petitioner" as used in this rule, means an individual person who has filed an adoption petition in an Oregon court.

(12) "Placement report" commonly known as "court report" or "post-placement report" is a comprehensive written report and recommendation to the court prepared after:

(a) The filing of an adoption petition;

(b) The child has been placed for the purpose of adoption; and

(c) A licensed adoption agency has evaluated the status and adjustment of the child and the adoptive parents.

(13) "Private agency adoption" means an adoption of a child that is being finalized in Oregon in which consent in loco parentis from a licensed adoption agency is required.

(14) "Re-adoption" means an adoption of a child who was originally adopted in another country and who is being re-adopted in Oregon.

(15) "Surrogate mother" means an adult woman who:

(a) Agrees to become pregnant with the intention of gestating, bearing, and giving birth to a child of another individual or couple who are the intended parents; and

(b) Intends and agrees to assert or retain no parental rights or obligations with regard to the resulting child.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 109, 409.010, 418.240, 418.270
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 2-2000, f. & cert. ef. 1-14-00; SOSCF 50-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 24-2005(Temp), f. 12-30-05, cert. ef. 1-1-06 thru 6-30-06; CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0026

Service of Petition for Adoption and Required Documentation

(1) Within 30 days of filing an adoption petition with the court, the petitioner must serve a copy of the adoption petition and related documents upon the Department as set forth in ORS 109.315(5)(a).

(2) Documents initially filed with the court must be delivered by registered or certified mail with return receipt or by personal service to the following address: Department of Human Services, Attention: Independent Adoptions, 500 Summer Street NE, E-71, Salem, OR 97301-1066.

Stat. Auth.: ORS 109.309, 409.050, 418.005
Stats. Implemented: ORS 109.315 409.010, 418.005
Hist: CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0030

Required Documentation

The following documents are required to be submitted by the petitioner to the court pursuant to ORS 109.309(12)(a). The Department may consider any or all of the following documents in determining whether a waiver may be granted for the 90-day waiting period, adoption home study requirement or placement report:

(1) Petition for adoption containing information as outlined in ORS 109.315(1).

(2) Exhibits attached to petition in accordance with ORS 109.315(3).

(3) Unless waived by the Department, written evidence documenting a current adoption home study and certificate of approval in accordance with Child Welfare Policy I-G.4, "Non-Departmental Adoptions", OAR 413-140-0035.

(4) Unless waived by the Department, a placement report in accordance with Child Welfare Policy I-G.4, "Non-Departmental Adoptions", OAR 413-140-0040.

(5) The Adoption Summary and Segregated Information Statement as outlined in ORS 109.317(1).

(6) Exhibits attached to the Adoption Summary and Segregated Information Statement in accordance with ORS 109.317(2).

Stat. Auth.: ORS 109.309, 409.050, 418.005
Stats. Implemented: ORS 109.092, 109.094, 109.096, 109.239, 109.243, 109.309, 109.311, 109.312, 109.315, 109.317, 109.326, 109.330, 109.342, 109.353, 109.385, 109.400, 109.450, 109.701 to 109.784, 409.010, 417.200
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 2-1998, f. & cert. ef. 1-28-98; SOSCF 2-2000, f. & cert. ef. 1-14-00; SOSCF 32-2000, f. & cert. ef. 11-7-00; SOSCF 50-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 24-2005(Temp), f. 12-30-05, cert. ef. 1-1-06 thru 6-30-06; CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0031

Actions Performed by the Department upon Receipt of an Adoption Petition

Following receipt of an adoption petition:

(1) The Department will review the adoption petition, along with accompanying documentation to determine whether a placement report is required under OAR 413-140-0032(3) and, when applicable, will assign the placement report as outlined in 413-140-0040.

(2) The Department will provide written notification to the court and the petitioner indicating:

(a) The Department's determination regarding any waivers that have been requested in accordance with OAR 413-140-0032;

(b) When applicable, information regarding the assignment of a placement report; and

(c) Other considerations regarding documentation required to be served upon the Department pursuant to ORS 109.315(5)(a).

(3) The Department must notify the court, in writing, when the Department reasonably suspects that the conduct of a person involved in an adoption or the conduct of an adoption agency violates Oregon law. Examples of such violations include but are not limited to:

(a) Any actions that constitute a violation or possible violation of ORS 109.311.

(b) Prohibitions regarding placement of a child for adoption pursuant to ORS 418.300.

(c) Prohibitions regarding buying and selling a person under 18 years of age pursuant to ORS 163.537.

(d) Fees charged by an Oregon licensed adoption agency that are not in accordance with ORS 109.311(3) and OAR 413-140-0035(3).

(4) The Department must provide a copy of the notification described in section (3) of this rule to the petitioner and when applicable, to the licensed adoption agency.

Stat. Auth.: ORS 109.309, 409.050, 418.005
Stats. Implemented: ORS 163.537, 109.309, 109.311, 109.315, 409.010, 418.300
Hist.: CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0032

Waivers the Department May Issue

(1) Waiver of the 90-day waiting period.

(a) In accordance with ORS 109.309(10), the Department may waive the required 90-day waiting period for an adoption.

(b) Upon receipt of the adoption petition and accompanying documents, the Department will review and consider all items listed in OAR 413-140-0030 when determining whether to waive the required 90-day waiting period.

(c) The Department will provide written notification regarding the determination of the 90-day waiver request to the court, petitioner and, when applicable, the Oregon licensed adoption agency involved.

(d) The Department may reconsider the initial determination of the 90-day waiver request provided:

(A) All remaining items outlined in the Department's prior written notification have been sufficiently addressed; and

(B) The required 90-day waiting period has not expired.

(2) Waiver of the Adoption Home Study.

(a) In accordance with ORS 109.309(7)(b), the Department has discretion to waive the home study requirement for some adoptions.

(b) The Department may consider a waiver of the adoption home study in an independent adoption when:

(A) One biological parent or adoptive parent retains parental rights.

(B) The petitioner qualifies as a relative, for the purpose of this rule, under the following conditions:

(i) At least one of the adopting petitioners is the biological or adoptive sibling or half-sibling, aunt, uncle, grandparent, great-aunt, great-uncle, or great-grandparent of the child; and either

(ii) The child has lived with the petitioner since birth and for at least six months immediately prior to the petitioner's request to waive the adoption home study requirement; or

(iii) The child has lived with the petitioner on a continuous basis for at least one year prior to the petitioner's request to waive the adoption home study requirement.

(c) The Department may consider waiving the adoption home study requirement in an independent adoption involving a child born to a surrogate mother when there is evidence documenting that the following conditions, as applicable, are met:

(A) At least one of the petitioners is a biological parent of the child; and

(B) When the surrogate mother is married:

(i) Her husband has consented to the adoption; or

(ii) There is a joint affidavit of non-paternity completed by the surrogate and her husband.

(d) The following documents must be submitted to the Department before consideration may be given to a waiver of the adoption home study requirement:

(A) A Request for Waiver of the Adoption Home Study Form.

(B) Background checks as described in OAR 413-140-0065.

(C) A copy of the petition for adoption.

(D) Verification that the child being adopted shares a residence with the adopting petitioner.

(E) Additional information, when requested by the Department, to clarify any concerns that could compromise the safety, permanency or well-being of the child being adopted.

(e) The Department does not waive the adoption home study requirement when there are safety, permanency, or well-being concerns that warrant completion of an adoption home study.

(f) Any concerns that come to the attention of the Department regarding the ability of a petitioner to meet the standards set forth in OAR 413-140-0033 may also be considered when determining whether the Department will waive the adoption home study.

(g) Upon receipt of all requested documents listed in subsection (d) of this section, the Department will:

(A) Make a determination as to whether an adoption home study waiver is appropriate;

(B) Provide written notification of the Department's determination regarding the adoption home study waiver request to the court and petitioner or petitioner's attorney;

(C) Outline in written notification any remaining information the Department determines is needed to reconsider the petitioner's adoption home study waiver request; and

(D) Provide petitioner or petitioner's attorney with a list of Oregon licensed adoption agencies authorized to complete an adoption home study if the Department determines petitioner's request for waiver cannot be granted.

(3) Waiver of the Placement Report.

(a) In accordance with ORS 109.309(8)(a), the Department has the authority to waive the placement report requirement.

(b) The Department must waive the placement report for an adoption in which one biological or adoptive parent retains parental rights.

(c) When a written request is received from the petitioner, the Department may waive the placement report for any of the following:

(A) An adoption for which the Department has waived the adoption home study;

(B) An independent or out-of-state public agency adoption in which the petitioner and the child are currently receiving services from the Department or a licensed adoption agency or have received services in the past 12 months and the Department or an Oregon licensed adoption agency provides a written recommendation that adoption is in the best interests of the child.

(C) When the adoptee is 14 years of age or older, has consented to his or her adoption, and an Oregon licensed adoption agency provides a written recommendation that adoption is in the best interest of the child.

Stat. Auth.: ORS 109.309, 409.050, 418.005
Stats. Implemented: ORS 109.243, 109.309, 109.315, 109.328, 409.010
Hist.: CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0033

Minimum Standards for Adoptive Homes

(1) The Department is authorized under ORS 109.309(7)(a) to set forth the minimum standards for adoptive homes.

(2) Minimum standards for an adoptive home that must be addressed in a written adoption home study include:

(a) Approved background checks in accordance with OAR 413-140-0065 for all adult household members;

(b) Documented completion of minimum pre-adoption training required under Child Welfare Policy II-C.1.3, "Licensing Adoption Agencies", OAR 413-215-0456, or by the Department of State under the Inter-Country Adoption Act of 2000 (42 USC 14923), 22 CFR 96.48, when applicable; and

(c) Evidence that the adoptive applicant demonstrates the following:

(A) Capability to meet the child's specific emotional and physical needs;

(B) Ability to ensure the safety of the child being sought for adoption;

(C) Financial ability within the household to ensure the stability and financial security of the family;

(D) Understanding that adoption is a lifelong commitment to provide a safe and permanent family for a child not born to them; and

(E) Consideration of the benefits and challenges of open adoption and the various levels of openness in the adoption plan, as applicable.

Stat. Auth.: ORS 109.309, 181.537, 409.050, 418.005, 418.240
Stats. Implemented: ORS 109.309, 409.010, 418.005
Hist.: CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0035

Adoption Home Study

(1) Unless waived by the Department in accordance with OAR 413-140-0032, an adoption home study is required for the filing of a petition for the adoption of a child in Oregon.

(2) For the purpose of private agency and independent adoptions, an adoption home study must have a certificate of approval issued by an Oregon licensed adoption agency.

(3) Prior to issuing a certificate of approval, the Oregon licensed adoption agency is responsible for ensuring that:

(a) The adoption home study meets criteria outlined in section (7) of this rule; and

(b) Verification is received that the private individual, entity or licensed adoption agency that completed the adoption home study is authorized to perform adoption services under the laws of the state, country or territory where the prospective adoptive parents reside.

(4) Any fees charged to a petitioner by an Oregon licensed adoption agency must be based on reasonable costs and the actual expenses incurred by the adoption agency as a result of completing the required services.

(5) In accordance with Child Welfare Policy I-G.1.3, "Adoption Applications, Adoption Home Studies, and Standards for Adoption", OAR 413-120-0220, the Department completes adoption home studies for Oregon residents applying to adopt a child in substitute care and who is within the custody of the Department or another public child welfare agency. An adoption home study may only be completed by the Department for this purpose. A home study completed for this purpose may only be considered for later use in an independent or private agency adoption if approved by the Permanency Program Manager or designee.

(6) In the interest of promoting safety, well-being, and permanency of children residing in Oregon, upon approval of the Post Adoption Services Manager or designee, the Department may assign a contracted adoption agency to complete an adoption home study for an independent adoption.

(7) Validity of an adoption home study.

(a) With the exception of a re-adoption, an adoption home study is valid for a maximum of two years from the date of completion, providing significant changes have not occurred in the petitioner's household.

(b) When significant changes occur in the petitioner's household after the completion of the home study but before the adoption is finalized, a licensed adoption agency must complete an update of the adoption home study.

(c) Except in the case of a re-adoption, the adoption home study must not have been used for a previously finalized adoption.

(d) The adoption home study must:

(A) Demonstrate that the standards set forth in OAR 413-215-0451 and 413-140-0033 have been met;

(B) Comply with standards for inter-country adoptions set forth in Child Welfare Policy II-C.1.3, “Licensing Adoption Agencies”, OAR 413-215-0476, when applicable; and

(C) Include the date and signature of one of the following:

(i) An authorized representative of the licensed adoption agency completing the adoption home study; or

(ii) The private individual or entity authorized to complete an adoption home study under the laws of another state, country or territory.

(8) For an independent adoption, when there are seven or more children under the age of 18 residing in the adoptive home, before the Oregon licensed adoption agency may approve the adoption home study:

(a) The director of the Oregon licensed adoption agency must convene a review committee of at least three human services professionals not employed by the adoption agency with experience in adoption and services to families and children, to determine whether the adoption home study should be approved.

(b) The decision of the review committee must be determined by a majority vote.

(c) The original adoption home study or a home study addendum by the Oregon licensed adoption agency issuing a certificate of approval must include:

(A) The name and professional title of each participant;

(B) The date when the committee convened; and

(C) The findings and recommendations of the review committee, including any dissenting or minority findings.

Stat. Auth.: ORS 109.309, 409.050, 418.005, 418.240
Stats. Implemented: ORS 109.304, 109.309, 409.010
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 2-1998, f. & cert. ef. 1-28-98; SOSCF 3-1999, f. & cert. ef. 3-22-99; SOSCF 2-2000, f. & cert. ef. 1-14-00; SOSCF 50-2001, f. 12-31-01 cert. ef. 1-1-02; Renumbered from 413-140-0020, CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0040

Placement Report

(1) Unless waived by the Department under OAR 413-140-0032, a placement report must be completed after the filing of an adoption petition and after the placement of a child in the adoptive home.

(2) Placement Report Assignment and Format.

(a) Within 30 days of receipt of an adoption petition and when applicable, the placement report fee as indicated in OAR 413-140-0047, the Department must:

(A) Assign the completion of the placement report to one of the following:

(i) A contracted adoption agency for an independent adoption;

(ii) The Oregon licensed adoption agency that has authority to give consent in loco parentis to the private agency adoption; or

(iii) For a private agency adoption involving an out-of-state licensed adoption agency, the Oregon licensed adoption agency completing the certificate of approval.

(B) Supply all information and materials as provided to the Department to the designated Oregon adoption agency for completion of the placement report.

(b) The adoption agency designated under paragraph (a)(A) of this section must:

(A) Prepare a placement report in accordance with ORS 109.304(2) that:

(i) Includes the adoption agency's recommendation to the court regarding whether the adoption should be granted;

(ii) Evaluates the status and adjustment of the child and the prospective adoptive parent; and

(iii) Documents information gathered by the Department or the adoption agency during the preparation of the placement report.

(B) Complete and file an original report with the court within 60 days of the assignment from the Department.

(C) In the event a placement report cannot be completed within 60 days of assignment, the adoption agency must:

(i) Notify the court of the delay in writing, stating specific reasons for the delay, and the anticipated additional time needed to prepare and submit a complete report to the court; and

(ii) Provide a copy of the notification of delay to the Department.

(D) Serve a true copy of the report filed with the court on the Department and the petitioner or petitioner's attorney within 10 days of filing the report with the court.

(E) As needed, coordinate with an out-of-state adoption agency that provided the original adoption home study to ensure the completion of the placement report according to the above timeframe requirements.

(3) A suggested reporting format for the required placement report is provided on the Department's Independent Adoptions website for Non-Departmental adoptions or may be obtained by sending a written request to the following address: Department of Human Services, Attention: Independent Adoptions, 500 Summer Street NE, E-71, Salem, OR 97301-1066.

Stat. Auth.: ORS 109.309, 409.050, 418.005, 418.240
Stats. Implemented: ORS 109.304, 109.309, 409.010
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 2-1998, f. & cert. ef. 1-28-98; SOSCF 3-1999, f. & cert. ef. 3-22-99; SOSCF 50-2001, f. 12-31-01 cert. ef. 1-1-02; CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0047

Fees for the Placement Report and Certificate of Approval

Fees associated with the adoption of a minor child must be charged in accordance with ORS 109.311. The Department sets forth the following fee for an independent adoption placement report:

(1) Unless the fee is waived under section (2) of this rule, the assignment and completion of a placement report for an independent adoption may be charged at a maximum rate of $800 per report. The fee must be:

(a) Paid by the petitioner in check or money order directly to the Department; and

(b) Submitted within 30 days of service of the petition on the Department.

(2) Waiver of Fee for an Independent Adoption Placement Report.

(a) The Department may, upon petitioner's request, consider waiving all or a portion of the fee set under this rule to complete a placement report.

(b) The Department's determination of a reduction or waiver of the placement report fee is based upon the federal poverty guidelines that the United States Department of Health and Human Services establishes each calendar year. Fee waiver eligibility is calculated using the size of the household in correlation to the following federal poverty guidelines:

(A) A household income at or below 100% of the federal poverty guideline may qualify for a full (100%) waiver.

(B) A household income at or below 115% (and above 100%) of the federal poverty guideline may qualify for a 75% waiver.

(C) A household income at or below 130% (and above 115%) of the federal poverty guideline may qualify for a 50% waiver;

(D) A household income at or below 145% (and above 130%) of the federal poverty guideline may qualify for a 25% waiver.

(c) The Department may, on a case by case basis, allow partial waiver of the fee for the placement report after reviewing the following documentation submitted by the petitioner to the Department:

(A) Request for Waiver of Independent Adoption Placement Report Fee Statement of household earnings, CF 239B; and

(B) A copy of the petitioner's most recent Federal Tax Report 1040 and verification of household income (see subsection (c) of this section).

(d) For the purpose of this rule, "household income" includes all of the following:

(A) Before tax cash receipts from all sources such as wages or salaries.

(B) Public assistance.

(C) Entitlement and benefits.

(D) Private support and assistance payments.

(E) Payments that include, but are not limited to:

(i) Investments and annuities;

(ii) Rents;

(iii) Pensions;

(iv) Allotments;

(v) Child support;

(vi) Alimony;

(vii) Tax refunds; and

(viii) Grants, interest, and winnings.

(e) After review of the petitioner's request for a waiver of the independent adoption placement report fee, the Department must:

(A) Provide written notification to the petitioner and the court regarding the Department's determination of the fee waiver request; and

(B) When applicable, assign a contracted adoption agency to complete the necessary report in accordance with the procedures described in OAR 413-140-0040(2)(b).

(f) The Department may, at any time, require updated financial information to be re-submitted by petitioner.

(g) In the event a fee waiver is authorized based upon erroneous information, the petitioner is liable for the full cost of the placement report and any amounts associated with the recovery of those costs.

Stat. Auth.: ORS 109.309, 409.050, 418.005, 418.240
Stats. Implemented: ORS 109.304, 109.309, 109.311, 418.005, 409.010, 418.005
Hist.: CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0065

Background Checks for Consideration of Home Study Waiver

(1) Before the Department may approve a request for waiver of an adoption home study, the following background check requirements must be met:

(a) For a petitioner residing in Oregon, except as described in section (3) of this rule, each adopting petitioner and all adult members of the petitioner's household must provide documentation of required background checks as follows:

(A) A criminal history check from the Oregon State Police, using Form CF249g, Request for Oregon Criminal History Information; and

(B) When the petitioner has resided outside of Oregon for a period of more than sixty consecutive days in the last five years:

(i) A criminal history check from the Federal Bureau of Investigation (FBI); and

(ii) A child abuse and neglect registry check from an authorized agency of each state or country where the individual has lived in the preceding five years immediately prior to the petitioner's request to waive the adoption home study requirement.

(b) For a petitioner who is a resident of Oregon as defined in ORS 109.309(2) but is temporarily residing outside the state for a period of more than sixty consecutive days for purposes such as, but not limited to, military service, academics or vacation, except as described in section (3) of this rule, each petitioner and all adult members of the petitioner's household must provide documentation of required background checks as follows:

(A) A criminal history check from the FBI and an authorized agency of the state or country where the adopting petitioner currently resides and has lived in the preceding five years immediately prior to the filing of the petition; and

(B) A child abuse and neglect registry check from an authorized agency of each state or country where the adopting petitioner currently resides and has lived in the preceding five years immediately prior to the petitioner's request to waive the adoption home study requirement.

(c) For a petitioner who is not a resident of Oregon, except as described in section (3) of this rule, each adopting petitioner and all adult members of the petitioner's household must provide documentation of required background checks as follows:

(A) A criminal history check from the petitioner's current state of residence;

(B) A criminal history check from the FBI; and

(C) A child abuse and neglect registry check from an authorized agency of each state or country where the individual has lived in the preceding five years immediately prior to the petitioner's request to waive the adoption home study requirement.

(2) The Department must conduct a check of the child abuse and neglect registry maintained by the Department for an Oregon resident.

(3) When a waiver of the adoption home study is requested, the biological or adoptive parent retaining rights is only exempt from submitting a criminal history clearance to the Department.

(4) Background checks may also be required for a household member under the age of 18 if there is reason to believe that the individual may pose a safety threat to children placed in the home.

(5) For the purpose of this rule, criminal background checks and child abuse and neglect registry checks are valid up to one year after completion. The Department may request updated background checks from the adopting petitioner at any time when making a determination regarding the waiver of a home study.

(6) The Department is not responsible for paying any fees associated with the application for, acquisition of, and provision of background checks.

Stat. Auth.: ORS 109.309, 409.050, 418.005
Stats. Implemented: ORS 109.309, 181.534, 181.537, 409.010, 418.005
Hist.: SOSCF 2-1998, f. & cert. ef. 1-28-98; SOSCF 50-2001, f. 12-31-01 cert. ef. 1-1-02; Renumbered from 413-140-0025, CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

413-140-0110

Confidentiality

Adoption records contain confidential information. The Department may only disclose confidential information relating to an adoption as follows:

(1) As provided in Child Welfare Policies I-A.3.2, "Confidentiality of Client Information", OAR 413-010-0000 to 413-010-0075; I-G.3.3, "Adoption Registry", OAR 413-130-0300 to 413-130-0360; and I-G.3.4, "Assisted Search Program", OAR 413-130-0400 to 413-130-0520; or

(2) As otherwise authorized by law.

Stat. Auth.: ORS 409.050, 418.005
Stats. Implemented: ORS 409.010, 418.005
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; CWP 17-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​