Or. Admin. R. 419-420-0130

Current through Register Vol. 63, No. 8, August 1, 2024

Section 419-420-0130 - Adoption Agencies: Domestic Adoptive Placement Requirements

An adoption agency must meet all of the following requirements related to a domestic placement:

(1) Pre-placement visit. The adoption agency must develop a written transition plan based on the developmental needs and best interests of the child. The plan must include provisions for pre-placement visits with the prospective adoptive family.

(2) Placement agreement documents. Before placing the child in a home, the adoption agency must have a written agreement with the pre-adoptive parents. A signed copy of this agreement must be given to the pre-adoptive parents and a copy must be placed in the case record. The agreement must specify the following, if appropriate:

(a) That the pre-adoptive parents agree to legally finalize the adoption in a time frame that is based on the best interests of the child;

(b) That the adoption agency will provide the documents necessary for finalizing the adoption in a time frame that is based on the best interests of the child;

(c) That the pre-adoptive parents agree to participate in supervision by the adoption agency, based on the best interests of the child, during the time prior to finalization of the adoption;

(d) That the pre-adoptive parents agree to provide written notification to the adoption agency prior to each of the following:

(A) A change of residency.

(B) The removal of the child from the state for more than 72 hours.

(C) Placement of the child in the care of another person for more than 72 hours.

(e) That the adoption agency will arrange for supervision in accordance with the Interstate Compact for Placement of Children if the adoptive family moves to another state.

(f) The plan must address all of the following subjects, based on the best interests of the child, in the event of a disruption:

(A) Who has responsibility for providing care and the cost of care.

(B) Financial arrangements to ensure transfer of custody when necessary.

(C) For intercountry adoptions only, whether the child is to remain in the country of placement and how the authorities in the originating country will be notified of the disruption.

(3) Medical consent form. At the time of the child's placement in the adoptive home, the adoption agency must give the adoptive parents a signed medical consent form authorizing medical care of the child.

(4) Child and birth parent information. Before placing a child with a family, the adoption agency must make reasonable efforts to discuss with the adoptive parents and provide them in writing all available information about the child and his or her birth parents, including, but not limited to:

(a) Medical data.

(b) Information about genetic, congenital, or pre-existing conditions.

(c) Information on the child's physical, emotional, and behavioral functioning and adjustment

(d) Pertinent information regarding the birth parents, excluding identity.

(e) Information about disabilities and their implications, including information from diagnosticians and, if applicable, appropriate therapists.

(5) The adoption agency may not withhold or misrepresent information, nor may it misrepresent the implications of child information. The adoption agency and its agents must provide to prospective adoptive parents, in accordance with these rules (OAR 419-420-0010 to 419-420-0160), all information obtained about the child.

(6) Post-placement supervision. The adoption agency is responsible for the child until the court has entered the general judgment of adoption. After the child is placed, the adoption agency must provide and document supervision of the home by a social services worker, including all of the following:

(a) A home visit with the family within the first 30 days following placement to establish a helping post-placement relationship. The frequency of contacts, including home visits, office visits, telephone calls, and e-mail, is dependent on the child's age and special needs, and the family's adjustment to the child.

(b) Any change in the adoptive family relating to health, finances, or composition that could affect the child.

(c) Providing to the adoptive parents any medical information on a child's birth family received by the adoption agency after the child was placed for adoption.

(d) If the placement appears likely to disrupt, the adoption agency must document its efforts to:

(A) Provide counseling services to preserve the placement; and

(B) Provide or arrange for replacement services, including foster care if needed, if disruption occurs.

(7) Post-legalization services. The adoption agency must make adoption services available to birth parents, adoptive parents, and adopted children after the adoption is finalized. The adoption agency must provide or inform the adoptive parents how to obtain information regarding all of the following:

(a) Counseling services.

(b) Crisis intervention.

(c) Respite care.

(d) Specialized support groups.

Or. Admin. R. 419-420-0130

CWP 32-2008, f. & cert. ef. 10-17-08; CWP 12-2016(Temp), f. & cert. ef. 7-1-16 thru 12-27-16; CWP 22-2016, f. & cert. ef. 12-1-16; CWP 13-2020, minor correction filed 01/13/2020, effective 01/13/2020; Renumbered from 413-215-0466 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 29-2023, minor correction filed 02/02/2023, effective 2/2/2023

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

Statutes/Other Implemented: ORS 418.205 - 418.310