Or. Admin. R. 413-140-0010

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

Section 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) "Bureau of Indian Affairs (BIA)" means the U.S. Department of the Interior, Bureau of Indian Affairs.

(3) "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.

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

(5) "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.

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

(7) "Domicile" means the place a person regards as home, where the person intends to remain or to which, if absent, the person intends to return. An Indian child's domicile is, in order of priority, the domicile of:

(a) The Indian child's parents or, if the Indian child's parents do not have the same domicile, the Indian child's parent who has physical custody of the Indian child;

(b) The Indian child's Indian custodian; or

(c) The Indian child's guardian.

(8) "Extended family member" has the meaning given that term by the law or custom of anIndian child's tribe. If the meaning of "extended family member" cannot be determined, by law or custom of the Indian child's tribe "extended family member" means a person who has attained 18 years of age and who is the Indian child's grandparent, aunt, uncle, brother, sister, sister-in-law, brother-in-law, niece, nephew, first cousin, second cousin, stepparent or, as determined by the Indian child's tribe, clan or band member.

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

(10) "ICWA Compliance Report" is a report completed by the Department that reflects the Department's review of the adoption petition or amended petition and advises the court on whether the documentation submitted by the petitioner is sufficient and complete for the court to find if the inquiry and, if applicable, the notice and placement preference requirements under the ORICWA have been met.

(11) "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.

(12) "Indian child" means any unmarried person who has not attained 18 years of age and:

(a) Is a member or citizen of an Indian tribe; or

(b) Is eligible for membership or citizenship in an Indian tribe and is the biological child of a member or citizen of an Indian tribe.

(13) "Indian custodian" means an Indian, other than the Indian child's parent, who has physical custody or legal custody of the Indian child under any applicable tribal law, tribal custom or state law, or to whom temporary physical care, custody and control has been transferred by the Indian child's parent.

(14) "Indian tribe" or "tribe" means any Indian tribe, band, nation, or other organized group or community of Indians federally recognized as eligible for services provided to Indians by the Secretary of the Interior because of their status as Indians, including any Alaska Native village as defined in 43 U.S.C. § 1602(c).

(15) "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.

(16) "Member" or "membership" means a determination by an Indian tribe that a person is a member, enrolled or citizen in that Indian tribe.

(17) "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.

(18) "ORICWA" means the Oregon Indian Child Welfare Act, Oregon Laws 2020, ch. 14, sections 1-66 and Oregon Laws 2021, ch. 398, sections 1-84.

(19) "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.

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

(21) "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.

(22) "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.

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

(24) "Reason to Know." A court or person has reason to know that a child is an Indian child if:

(a) The person knows that the child is an Indian child;

(b) The court has found that the child is an Indian child or that there is reason to know that the child is an Indian child.

(c) Any individual present in the proceeding, officer of the court involved in the proceeding, Indian tribe, Indian organization or agency informs the court that the child is an Indian child;

(d) Any individual present in the proceeding, officer of the court involved in the proceeding, Indian tribe, Indian organization or agency informs the court that information has been discovered indicating that the child is an Indian child;

(e) The child indicates to the court that the child is an Indian child;

(f) The court is informed that the domicile or residence of the child, the child's parent or the child's Indian custodian is on a reservation or in an Alaska Native village;

(g) The court is informed that the child is or has been a ward of a tribal court;

(h) The court is informed that the child or the child's parent possesses an identification card or other record indicating membership in an Indian tribe;

(i) Testimony or documents presented to the court indicate in any way that the child may be an Indian child; or

(j) Any other indicia provided to the court, or within the court's knowledge, indicates that the child is an Indian child.

(25) "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.

Or. Admin. R. 413-140-0010

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; 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 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 109, ORS 409.010, ORS 418.240 & ORS 418.270