Or. Admin. R. 413-140-0040

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

Section 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, the court's finding as to whether the child being adopted is an Indian child, 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 109.266(5) 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: Oregon Department of Human Services, Attention: Independent Adoptions, 500 Summer Street NE, E-71, Salem, OR 97301-1066.

Or. Admin. R. 413-140-0040

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; 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 109.276, ORS 409.050, ORS 418.005 & ORS 418.240

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