Or. Admin. R. 413-040-0282

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

Section 413-040-0282 - Independent and Private Agency Adoptions; Documentation Required for Placement in or from Oregon

(1) When a child is placed out of or into Oregon by a sending agency, including a parent or a private licensed agency, for purposes of adoption, the ICPC applies. Independent and private agency adoption referrals are processed as soon as practicable after receipt by the ICPC office of the complete compact placement referral.

(2) Referrals for independent and private agency adoptive placement covered by the Compact must be sent to the Oregon ICPC office, after the birth of the child, and must contain the following:

(a) Cover letter;

(b) Form 100A;

(c) Forms 246, 246A, and 246B, or the equivalent from another state;

(d) The consents and surrenders required by law, signed after the birth of the child;

(e) If the biological or legal father has not signed a consent and surrender, an affidavit from the child's mother regarding the biological father and, if the legal father is not the biological father, regarding the legal father;

(f) Documentation regarding all known facts about each legal or putative father. If the mother has stated that the identity or whereabouts of the father is unknown, documentation regarding what advice and information the mother was given and the reason why the father's identity or whereabouts are unknown to the mother;

(g) Written verification that the birth parent was given notice of the right to payment for adoption-related counseling pursuant to ORS 109.346, if it is an Oregon birth mother or if the adoption is being finalized in Oregon;

(h) Written verification that the birth and adoptive parent(s) have been advised about the Oregon Voluntary Adoption Registry if the adoption will be finalized in Oregon;

(i) A legal risk statement signed by the adoptive family that acknowledges that the child is not legally free for adoption and that there is a risk of having the child removed from the home. This statement is required when one of the biological or legal parents has not signed a consent and surrender;

(j) For placements made by a private adoption agency, a copy of the sending agency's license or certification;

(k) A statement regarding the applicability of the ICWA;

(l) If the child is an Indian child, the parental consents for adoption must comply with the ICWA;

(m) Medical information regarding the child; and

(n) The completed home study. An update must be included if the study was completed more than one year from the date the ICPC referral is made.

Or. Admin. R. 413-040-0282

CWP 28-2019, adopt filed 06/12/2019, effective 6/12/2019

Statutory/Other Authority: ORS 418.005

Statutes/Other Implemented: ORS 417.200 - 417.260