Or. Admin. R. 413-140-0035

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

Section 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.

Or. Admin. R. 413-140-0035

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; CWP 11-2022, amend filed 06/23/2022, effective 7/1/2022

Statutory/Other Authority: ORS 109.276, ORS 409.050, ORS 418.005 & ORS 418.240

Statutes/Other Implemented: ORS 109.266, ORS 109.276 & ORS 409.010