Or. Admin. Code § 413-115-0110

Current through Register Vol. 63, No. 10, October 1, 2024

Section 413-115-0110 - Consent to Termination of Parental Rights and Voluntary Relinquishment of Parental Rights

(1) The Department may accept consent for termination of parental rights or voluntary relinquishment of parental rights from the parent of an Indian child if:

(a) The Department is pursuing adoption;

(b) The Indian child is more than ten days old;

(c) The court has held a hearing during which the Indian child's parent has executed the release, surrender or certificate of irrevocability and waiver.

(d) The voluntary consent is executed in writing in person, before the court;

(e) The court explains to the parent, on the record in detail and in the language of the parent, the parent's right to legal counsel, the terms and consequences of the release, surrender or certificate of irrevocability and waiver and inform the parent that the release, surrender or certificate of irrevocability and waiver may be revoked at any time prior to the entry of the judgment of adoption; and

(f) The judge certifies in writing that the terms and consequences of the consent were fully explained in detail on the record and that certification complies with section (2) of this rule.

(2) Court Hearing on Consent. The Department must obtain consent from the parent for the termination of parental rights or voluntary relinquishment of parental rights in court on the record. For the consent to be valid, the court must certify on the record that the terms and consequences of the consent to termination of parental rights or voluntary relinquishment of parental rights were:

(a) Explained in detail, in English (or the language of the parent, if English is not the primary language); and

(b) Fully understood by the parent or Indian custodian before the consent is signed.

(3) The signed consent to termination of parental rights or voluntary relinquishment of parental rights must, at a minimum, contain:

(a) The name and birthdate of the Indian child;

(b) The name of the Indian child's tribe;

(c) The Indian child's and parents' enrollment numbers, if known, or other indication of the Indian child's membership in the tribe; and

(d) The name and address, and other identifying information of the consenting parent.

(4) Request for Anonymity. A request for anonymity does not relieve the Department from any duty of compliance with the OR ICWA, including the obligation to verify whether the child is an Indian child, and ongoing consultation and collaboration with the Indian child's tribe and compliance with OAR 413-115-0090.

(5) Withdrawal of Consent.

(a)Termination of parental rights. The parent may withdraw a consent to a stipulated judgment of a termination of parental rights of an Indian child for any reason, at any time prior to the entry of the final order or judgment for termination of parental rights, and have the Indian child returned as soon as practicable.

(b) Voluntary relinquishment of parental rights. The parent may withdraw consent to a voluntary relinquishment of parental rights of an Indian child for any reason at any time prior to the entry the decree of adoption, and have the Indian child returned as soon as practicable.

Or. Admin. Code § 413-115-0110

CWP 2-2017(Temp), f. & cert. ef. 2-7-17 thru 8-5-17; CWP 9-2017, f. 8-5-17, cert. ef. 8/6/2017; CWP 123-2018, amend filed 12/12/2018, effective12/12/2018; CWP 16-2021, amend filed 06/29/2021, effective6/29/2021; CWP 32-2021, amend filed 12/30/2021, effective 1/1/2022

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 418.005, ORS 419B.498, ORS 419B.500, ORS 419B.521 & ORS 419B.529