Or. Admin. Code § 419-420-0150

Current through Register Vol. 63, No. 10, October 1, 2024

Section 419-420-0150 - Adoption Agencies: Intercountry Adoptions

In addition to the requirements for adoption agencies in OAR 419-420-0010 to 419-420-0160 other than OAR 419-420-0060(1) - (2), 419-420-0080, 419-420-0110(4)(a)(E), and 419-420-0130, an adoption agency approved to provide intercountry adoptions must meet all of the following standards with regard to intercountry adoptions:

(1) Compliance with foreign law.

(a) The adoption agency must comply with the laws and regulations of the sending country.

(b) The adoption agency must make reasonable efforts to learn and understand legal and procedural adoption requirements in the sending country.

(c) The adoption agency must establish written policies and procedures designed to fulfill and comply with the legal requirements, adoption laws, and adoption procedures of the sending country.

(d) The adoption agency must train its employees and volunteers about the adoption laws and procedures of the sending country.

(2) Compliance by foreign representatives. If the adoption agency uses an organization or person in the foreign country to facilitate adoption services within the foreign country, the adoption agency must make reasonable efforts to see that the organization or person meets all of the following requirements:

(a) Fully complies with all adoption and other laws and procedures of the sending country.

(b) Is licensed or otherwise authorized to provide the contemplated adoption services within the sending country.

(c) Does not engage in practices that are not in the best interests of the child or that encourage or facilitate the sale, abduction, exploitation, or trafficking of children.

(d) Does not have a pattern of licensing suspensions or other sanctions within the foreign country and has not lost the right to provide adoption services in any jurisdiction for reasons associated with unlawful or unethical service.

(e) Provides full disclosure to the adoption agency regarding any suspension, debarment, sanction, criminal charge, or disciplinary action against the organization or person, or any person serving with the organization, related to adoption services or financial dealings within the past 10 years.

(f) Provides full disclosure to the adoption agency of business activities performed by or engaged in by employees or affiliates of the foreign representative that are inconsistent with the principles of these rules or the Intercountry Adoption Act of 2000, 42 U.S.C. 14901 to 14954.

(3) Pre-placement determination of compliance. Before a child can be placed for adoption, the adoption agency must determine that the adoption service or person authorized by the sending country has certified that:

(a) The child is qualified for adoption and is in the permanent custody of an authorized organization or person in the sending country.

(b) The authorized service or person has obtained proof from a competent authority in the child's country of origin that the necessary consents to the child's adoption have been obtained and that the necessary determination has been made that the prospective placement is in the best interests of the child.

(c) The child has the proper emigration and immigration permits.

(d) The authorized service or person has the child's social and medical history or, if either is not available, has documented adequate reasons why the adoption agency was not able to obtain the information.

(4) Child information requirements. The adoption agency must use reasonable efforts, or require the authorized organization or person in the child's country of origin to make reasonable efforts, to obtain and provide all available information concerning a child referred for adoption, if known to the adoption agency or foreign representative, including the all of following:

(a) The date an authorized authority in the sending country took custody of the child and the reasons why the child is in custody.

(b) Information concerning the child's history, including a chronology showing the persons and institutions that have had custody of and cared for the child, the nature of care provided, and the reasons for transferring custody.

(c) Information concerning the child's immediate family, including current status and location of the birth parents and siblings of the child; history of abuse, neglect, or mistreatment of the child; history of alcohol and drug abuse by the birth parents; hereditary conditions; and other risk factors.

(d) Information concerning the child's cultural, racial, religious, ethnic, and linguistic background.

(e) The child's medical information, including all of the following:

(A) All medical records, including both summaries or compilations of medical records and original records.

(B) Information resulting from medical examinations of the child.

(C) A history of significant illnesses or medical events, hospitalizations, and changes in the child's condition, growth data, and developmental status at the time of the child's referral for adoption.

(f) Videotapes and photographs of the child, identified by the date on which the videotape or photograph was recorded or taken.

(g) Specific information regarding health risks in the specific region or country where the child resides.

(5) An adoption agency must provide the information described in section (4) of this rule to prospective adoptive parents regarding a child referred for adoption as follows:

(a) The information must be provided at least two weeks before the earliest of the following:

(A) The adoption or placement for adoption.

(B) The date on which the prospective adoptive parents travel to the sending country to complete procedures relating to the adoption.

(b) To the extent the matter is within its control, the adoption agency may not withdraw the referral of a child until the prospective adoptive parents have had at least one week to consider the needs of the child and their ability to meet those needs, and to obtain medical review of child information. The adoption agency may withdraw the referral earlier if the best interests of the child require a more expedited decision.

(c) The information must be provided in both the original language, if available, and in English. The adoption agency must do nothing to discourage prospective adoptive parents from obtaining their own translation of the information.

(6) An adoption agency must document in its adoption file all of the following:

(a) The efforts of the adoption agency to obtain the information.

(b) Reasons why the adoption agency was not able to obtain the information, if applicable.

(c) All communications made with prospective adoptive parents regarding the information, including contents of, dates, and the manner in which the information was provided to the prospective adoptive parents.

(7) With regard to post-placement and post-legalization requirements and services, an adoption agency must meet all of the following requirements:

(a) The adoption agency must take all appropriate measures to ensure that the transfer of the child takes place in secure and appropriate circumstances, with properly trained and qualified escorts, if used, and, if practicable, in the company of the adoptive parents.

(b) Until the adoption is finalized, the adoption agency must provide post-placement reports on a child to the sending country when required by the sending country. When such reports are required, the adoption agency:

(A) Must inform the prospective adoptive parents of the requirement prior to the referral of the child for adoption; and

(B) Must inform the prospective adoptive parents that they will be required to provide all necessary information for the reports.

(c) For children sent to the United States, in addition to post-placement reports required by the sending country, the adoption agency must require at least one home visit with all persons living in the adoptive home between one and four months after the child's arrival in the United States. Home visits must be documented in a post-placement report that includes all of the following issues:

(A) The status and adjustment of each child in the adoptive home.

(B) The status and adjustment of the prospective adoptive parents and other adoptive family members to each child placed in the home.

(C) A summary of the information obtained concerning the birth parents and the available social, medical, and genetic history of each child placed in the home.

(d) If an adoption or re-adoption is sought in Oregon, the original post-placement report, along with recommendations, must be filed by the adoption agency with the court and a copy forwarded to the department.

(e) The adoption agency must inform the prospective adoptive parents of other available post-placement services and resources, including all of the following:

(A) Additional home visits, office visits, telephone conferences, and other contacts with the personnel of the adoption agency.

(B) Other professionals, organizations, and groups that provide support and information for adoptive parents of children adopted internationally.

(f) When an adoption is not finalized in the sending country, the adoption agency must meet all of the following requirements:

(A) Monitor and supervise the placement to ensure that the placement remains in the best interests of the child.

(B) Inform prospective adoptive parents of the importance of finalizing the adoption in the United States and contractually require the prospective adoptive parents to finalize the adoption in the United States within a specified period after receiving the consent of the adoption agency for adoption.

(C) Advise adoptive parents regarding the means of obtaining proof of citizenship for the child and the process for obtaining a social security number.

Or. Admin. Code § 419-420-0150

SCF 6-1995, f. 12-22-94, cert. ef. 12-29-95; Renumbered from 413-220-0100, 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 15-2020, minor correction filed 01/13/2020, effective 01/13/2020; Renumbered from 413-215-0476 by CWP 26-2022, filed 11/28/2022, effective 12/1/2022; OTIS 28-2023, 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