Or. Admin. R. 413-120-0115

Current through Register Vol. 63, No. 6, June 1, 2024

Section 413-120-0115 - Requirements for Legalizing the Adoption When a Petition is Filed

(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 the adoption to be signed by the Child Permanency Program Manager or designee. 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 adoption of thechild.

(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 or Cultural Continuity Agreement, if applicable.

(f) Affidavits, if applicable.

(5) After receiving the documents listed in section (4) of this rule, the Department will send the consent to the adoption to the attorney for the adoptive family.

(a) Within 30 calendar days of the date the Department sends the Consent to the Adoption, the attorney must file the petition that is consistent with the requirements of ORS 109.315 and Oregon Laws 2021. ch. 398, section 8, (unless a petition is not required under ORS 419B.529).

(b) Within 30 days of filing the petition, the attorney must:

(A) Provide a copy of the filed petition to the Department.

(B) If there is reason to know the child is an Indian child, file with the court a declaration of compliance with the notice requirements of ORICWA consistent with ORS 109.315 and Oregon Laws 2021. Ch. 398, section 8(5)(d). The declaration must include copies of the notice(s) sent and any return receipts or proof of service the notice must be provided to the following:

(i) Each tribe of which the child may be a member or in which the Indian child may be eligible for membership;

(ii) Child's parents, including parents who have relinquished their parental rights, but not parents whose parental rights have been judicially terminated;

(iii) The child's Indian custodian, if applicable; and

(iv) The US Bureau of Indian Affairs Regional Director, if the identity or location of the child's parents, Indian custodian or tribe cannot be ascertained.

(c) Within 90 days after the Department's Adoptions Services Unit has received a copy of the petition filed with the court, the Department must:

(A) Review the petition and file an ICWA compliance report with the court pursuant to ORS 109.304 to 109.410 and Oregon Laws 2021. ch. 398, section 7(1); and

(B) File a written placement report with the court, which may include a waiver of the 90-day waiting period.

(d) Within 30 days following the court's receipt of the ICWA compliance report, the petitioner's attorney must prepare a decree and send it to the court or schedule an Adoption Ceremony.

(6) The court granting the adoption decree provides the central office Adoption Services Unit with a copy of the adoption decree.

Or. Admin. R. 413-120-0115

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; CWP 1-2022, temporary amend filed 01/03/2022, effective 1/3/2022through 7/1/2022; CWP 11-2022, amend filed 06/23/2022, effective 7/1/2022

Statutory/Other Authority: ORS 418.005 & ORS 409.050

Statutes/Other Implemented: ORS 109.307, ORS 109.309, ORS 109.316 & ORS 419B.529