ORS § 419B.529

Current through 2024 Regular Session legislation effective April 4, 2024
Section 419B.529 - Adoption after permanent commitment or surrender; procedure; certain fees prohibited
(1) Notwithstanding ORS 109.276, a prospective adoptive parent is not required to file a petition for adoption when:
(a) One of the following has occurred:
(A) A juvenile court that is a circuit court has entered an order of permanent commitment of a ward to the Department of Human Services under ORS 419B.527; or
(B) The parent has signed and the department has accepted a release and surrender to the department, and the parent has signed a certificate of irrevocability and waiver as provided in ORS 418.270 regarding a child;
(b) The department has completed a home study as defined in ORS 109.266 that finds the prospective parent is suitable to adopt the child or ward and the department consents to the adoption of the child or ward by the prospective parent;
(c) If the child is an Indian child:
(A) The department has offered to coordinate mediation between the Indian child's tribe and the proposed adoptive placement;
(B) If requested by the tribe, an agreement is in place that requires the proposed adoptive parent to maintain connection between the Indian child and the Indian child's tribe; and
(C) If an agreement described in subparagraph (B) of this paragraph is in place, the department incorporates the terms of the agreement into the placement report;
(d) Written evidence of the home study and a placement report requesting the juvenile court to enter a judgment of adoption have been filed in the juvenile court proceeding; and
(e) At the time the placement report is filed under paragraph (d) of this subsection, the prospective adoptive parent files the adoption report form required under ORS 109.400.
(2) If the child is an Indian child, a parent's release, surrender or certificate of irrevocability and waiver under subsection (1)(a) of this section must meet the following requirements:
(a) The court explained to the parent, on the record in detail and in the language of the parent, the parent's right to legal counsel, the terms and consequences of the release, surrender or certificate of irrevocability and waiver and informed the parent that the parent may revoke the release, surrender or certificate of irrevocability and waiver at any time prior to the entry of the judgment of adoption;
(b) The parent executed the release, surrender or certificate of irrevocability and waiver before the court;
(c) The parent or child-caring agency filed a record of the release, surrender or certificate of irrevocability and waiver with the court; and
(d) The court certified that the court provided the explanation as required under paragraph (a) of this subsection and that the parent fully understood the terms and consequences of the release and surrender.
(3) Notwithstanding subsection (1) of this section, a prospective adoptive parent is required to file an Adoption Summary and Segregated Information Statement with accompanying exhibits as provided under ORS 109.287.
(4) Notwithstanding ORS 21.135, the clerk of the juvenile court may not charge or collect first appearance fees for a proceeding under this section.
(5)
(a) After the filing of written evidence of a home study and the placement report requesting the court to enter a judgment of adoption, the juvenile court that entered the order of permanent commitment, or the juvenile court having jurisdiction over a ward for whom the department has accepted a release and surrender and a certificate and waiver signed by the parent as provided in subsection (1)(a)(B) of this section, may proceed as provided in ORS 109.272 and 109.350 and may enter a judgment of adoption.
(b) If the child is an Indian child and the Indian child's tribe has entered into an agreement described in subsection (1)(c)(B) of this section, the judgment of adoption must include the terms of the agreement.
(6) Records of adoptions filed and established under this section shall be kept in accordance with, and are subject to, ORS 109.289.

ORS 419B.529

Amended by 2021 Ch. 398,§ 30, eff. 9/25/2021, op. 1/2/2022.
Amended by 2020SP1 Ch. 14,§ 50, eff. 1/1/2021.
Amended by 2013 Ch. 346,§ 8, eff. 1/1/2014.
1997 c.873 §24; 1999 c.859 §24; 2003 c. 396, § 91; 2003 c. 576, § 449; 2011 c. 595, § 18