Or. Admin. R. 413-140-0047

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

Section 413-140-0047 - Fees for the Placement Report and Certificate of Approval

Fees associated with the adoption of a minor child must be charged in accordance with ORS 109.281. The Department sets forth the following fee for an independent adoption placement report:

(1) Unless the fee is waived under section (2) of this rule, the assignment and completion of a placement report for an independent adoption may be charged at a maximum rate of $800 per report. The fee must be:

(a) Paid by the petitioner in check or money order directly to the Department; and

(b) Submitted within 30 days of service of the petition on the Department.

(2) Waiver of Fee for an Independent Adoption Placement Report.

(a) The Department may, upon petitioner's request, consider waiving all or a portion of the fee set under this rule to complete a placement report.

(b) The Department's determination of a reduction or waiver of the placement report fee is based upon the federal poverty guidelines that the United States Department of Health and Human Services establishes each calendar year. Fee waiver eligibility is calculated using the size of the household in correlation to the following federal poverty guidelines:

(A) A household income at or below 100% of the federal poverty guideline may qualify for a full (100%) waiver.

(B) A household income at or below 115% (and above 100%) of the federal poverty guideline may qualify for a 75% waiver.

(C) A household income at or below 130% (and above 115%) of the federal poverty guideline may qualify for a 50% waiver;

(D) A household income at or below 145% (and above 130%) of the federal poverty guideline may qualify for a 25% waiver.

(c) The Department may, on a case by case basis, allow partial waiver of the fee for the placement report after reviewing the following documentation submitted by the petitioner to the Department:

(A) Request for Waiver of Independent Adoption Placement Report Fee Statement of household earnings, CF 239B; and

(B) A copy of the petitioner's most recent Federal Tax Report 1040 and verification of household income (see subsection (c) of this section).

(d) For the purpose of this rule, "household income" includes all of the following:

(A) Before tax cash receipts from all sources such as wages or salaries.

(B) Public assistance.

(C) Entitlement and benefits.

(D) Private support and assistance payments.

(E) Payments that include, but are not limited to:

(i) Investments and annuities;

(ii) Rents;

(iii) Pensions;

(iv) Allotments;

(v) Child support;

(vi) Alimony;

(vii) Tax refunds; and

(viii) Grants, interest, and winnings.

(e) After review of the petitioner's request for a waiver of the independent adoption placement report fee, the Department must:

(A) Provide written notification to the petitioner and the court regarding the Department's determination of the fee waiver request; and

(B) When applicable, assign a contracted adoption agency to complete the necessary report in accordance with the procedures described in OAR 413-140-0040(2)(b).

(f) The Department may, at any time, require updated financial information to be re-submitted by petitioner.

(g) In the event a fee waiver is authorized based upon erroneous information, the petitioner is liable for the full cost of the placement report and any amounts associated with the recovery of those costs.

Or. Admin. R. 413-140-0047

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 418.005, ORS 109.266, ORS 109.276, ORS 109.281 & ORS 409.010