PLS ALSO REFER TO SECTION ON LEFT SIDE OF THIS PAGE:
DHS OREGON LAWS, FROM THE WEBPAGE:
http://www.dhs.state.or.us/policy/childwelfare/index.htm
THE FOLLOWING IS FROM CHILDREN'S WELFARE INFORMATION GATEWAY:
State Statutes Results
Oregon
Child Abuse and Neglect
Child Witnesses to Domestic Violence
To better understand this issue and to view it across States, see the Child Witnesses to Domestic Violence: Summary of State Laws (PDF - 222 KB) publication.
Circumstances That Constitute Witnessing
Citation: Rev. Stat. § 163.160
[In criminal law] An assault is witnessed by a child:
When it is committed in the immediate presence of, or is witnessed by, the person's or the victim's minor child or stepchild or a minor child residing within the household of the person or victim
If it is seen or directly perceived in any other manner by the child
Consequences
Citation: Rev. Stat. § 163.160(3)(c)
Assault in the fourth degree is a Class A misdemeanor, except when it is witnessed by the person's or the victim's minor child, when it is a Class C felony.
(Back to Top)
Clergy as Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Clergy as Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 287 KB) publication.
Citation: Or. Rev. Stat. Ann. § 419B.005(3)(h) (LexisNexis through 2005 Reg. Sess.)
Public or private official [includes]: member of the clergy.
Citation: Or. Rev. Stat. Ann. § 419B.010(1) (LexisNexis through 2005 Reg. Sess.)
Any public or private official having reasonable cause to believe that any child with whom the official comes in contact has suffered abuse or that any person with whom the official comes in contact has abused a child shall immediately report or cause a report to be made...
Nothing shall affect the duty to report imposed by the reporting laws, except that a psychiatrist, psychologist, member of clergy or attorney shall not be required to report such information communicated by a person if such communication is privileged under §§ 40.225 to 40.295.
(Back to Top)
Cross-Reporting Among Responders to Child Abuse and Neglect
To better understand this issue and to view it across States, see the Cross-Reporting Among Responders to Child Abuse and Neglect: Summary of State Laws (PDF - 267 KB) publication.
Or. Rev. Stat. Ann. § 419B.015(1)(b), (2) (LexisNexis through Or. 2007 Legis. Serv., Ch. 237)
When a report of child abuse is received by the department, the department shall notify a law enforcement agency within the county where the report was made. When a report of child abuse is received by a designee of the department, the designee shall notify, according to the contract, either the department or a law enforcement agency within the county where the report was made. When a report of child abuse is received by a law enforcement agency, the agency shall notify the local office of the department within the county where the report was made.
When a report of child abuse is received under § 419B.015(1)(A), the entity receiving the report shall make the notification required by the subsection above according to rules adopted by the department.
(Back to Top)
Definitions of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Definitions of Child Abuse and Neglect: Summary of State Laws (PDF - 442 KB) publication.
Physical Abuse
Citation: Rev. Stat. § 419B.005
Abuse means:
Any assault of a child and any physical injury to a child that has been caused by other than accidental means, including injury that appears to be at variance with the explanation given of the injury
Threatened harm to a child, that means subjecting a child to a substantial risk of harm to the child's health or welfare
Permitting a person under age 18 to enter or remain in or upon premises where methamphetamine is being manufactured
Unlawful exposure to a controlled substance that subjects a child to a substantial risk of harm to the child's health or safety
Neglect
Citation: Rev. Stat. § 419B.005
Abuse means negligent treatment or maltreatment of a child, including but not limited to, the failure to provide adequate food, clothing, shelter, or medical care that is likely to endanger the health or welfare of the child.
Sexual Abuse
Citation: Rev. Stat. § 419B.005
Abuse means:
Rape of a child, that includes but is not limited to, rape, sodomy, unlawful sexual penetration, and incest
Sexual abuse, as defined in chapter 163
Sexual exploitation, including but not limited to:
Contributing to the sexual delinquency of a minor
Any other conduct that allows, employs, authorizes, permits, induces, or encourages a child to engage in the performing for people to observe, or the photographing, filming, tape recording, or other exhibition that, in whole or in part, depicts sexual conduct or contact, sexual abuse involving a child, or rape of a child
Allowing, permitting, encouraging, or hiring a child to engage in prostitution
Emotional Abuse
Citation: Rev. Stat. § 419B.005
Abuse means any mental injury to a child that shall include only observable and substantial impairment of the child's mental or psychological ability to function caused by cruelty to the child, with due regard to the culture of the child.
Abandonment
This issue is not addressed in the statutes reviewed.
Standards for Reporting
Citation: Rev. Stat. § 419B.005
A report is required when a child is harmed, threatened with harm, or at substantial risk of harm.
Persons Responsible for the Child
Citation: Rev. Stat. § 419B.005
Responsible person may include any person.
Exceptions
Citation: Rev. Stat. § 419B.005
Abuse does not include reasonable exercise of parental discipline.
(Back to Top)
Definitions of Domestic Violence
To better understand this issue and to view it across States, see the Definitions of Domestic Violence: Summary of State Laws (PDF - 639 KB) publication.
Defined in Domestic Violence Civil Laws
Citation: Rev. Stat. §§ 107.705; 409.290
''Abuse'' means the occurrence of one or more of the following acts between family or household members:
Attempting to cause or intentionally, knowingly, or recklessly causing bodily injury
Intentionally, knowingly, or recklessly placing another in fear of imminent bodily injury
Causing another to engage in involuntary sexual relations by force or threat of force
''Family violence'' means the physical injury, sexual abuse, or forced imprisonment, or threat thereof, of a person by another who is related by blood, marriage, or intimate cohabitation at the present, or has been related at some time in the past, to the extent that the person's health or welfare is harmed or threatened thereby.
Defined in Child Abuse Reporting and Child Protection Laws
Citation:
This issue is not addressed in the statutes reviewed.
Defined in Criminal Laws
Citation: Rev. Stat. § 135.230
''Abuse'' means:
Attempting to cause or intentionally, knowingly, or recklessly causing physical injury
Intentionally, knowingly, or recklessly placing another in fear of imminent serious physical injury
Committing sexual abuse in any degree, as defined in §§ 163.415, 163.425, and 163.427
''Domestic violence'' means abuse between family or household members.
Persons Included in the Definition
Citation: Rev. Stat. §§ 107.705; 135.130
[In civil law] ''Family or household members'' means any of the following:
Spouses or former spouses
Adult persons related by blood, marriage, or adoption
Persons who are cohabiting or who have cohabited with each other
Persons who have been involved in a sexually intimate relationship with each other within 2 years immediately preceding the filing by one of them of a petition under § 107.710
Unmarried parents of a child
[In criminal law] ''Family or household members'' means any of the following:
Spouses or former spouses
Adult persons related by blood or marriage
Persons cohabiting with each other
Persons who have cohabited with each other or who have been involved in a sexually intimate relationship
Unmarried parents of a minor child
(Back to Top)
Disclosure of Confidential Child Abuse and Neglect Records
To better understand this issue and to view it across States, see the Disclosure of Confidential Child Abuse and Neglect Records: Summary of State Laws (PDF - 574 KB) publication.
Confidentiality of Records
Citation: Rev. Stat. § 419B.035
Reports and records compiled under [the reporting laws] are confidential and may not be disclosed except as provided in this section.
Persons or Entities Allowed Access to Records
Rev. Stat. § 419B.035
The Department of Human Services shall make records available to the persons and entities listed below:
Any law enforcement agency or a child abuse registry in any other State for the purpose of subsequent investigation of child abuse
Any physician regarding any child brought to the physician for examination, care, or treatment
Attorneys of record for the child or child's parent or guardian in any juvenile court proceeding
Citizen review boards
A Court Appointed Special Advocate in any juvenile court proceeding in which it is alleged that a child has been subjected to child abuse or neglect
The Office of Children's Advocate
Any person, administrative hearings officer, court, agency, organization, or other entity when it is necessary to administer child welfare services, or to investigate, prevent, or treat child abuse and neglect, or for research
A law enforcement agency may make reports and records it has compiled available to:
Other law enforcement agencies
District attorneys, city attorneys with criminal prosecutorial functions, and the attorney general when the law enforcement agency determines that disclosure is necessary for the investigation or enforcement of laws relating to child abuse and neglect
The community corrections agency in this State
The Department of Corrections or to the State Board of Parole and Post-Prison Supervision
When Public Disclosure of Records is Allowed
Citation: Rev. Stat. § 419B.035(1)(h)
The Department of Human Services may disclose the records to any person, upon request to the department, if the reports or records requested regard an incident in which a child, as the result of abuse, died or suffered serious physical injury. Reports or records disclosed under this paragraph must be disclosed in accordance with §§ 192.410 to 192.505.
Use of Records for Employment Screening
Citation: Rev. Stat. § 419B.035
The Child Care Division may access records for certifying, registering, or otherwise regulating child care facilities.
(Back to Top)
Establishment and Maintenance of Central Registries for Child Abuse Reports
To better understand this issue and to view it across States, see the Establishment and Maintenance of Central Registries for Child Abuse Reports: Summary of State Laws (PDF - 310 KB) publication.
Establishment
Citation: Rev. Stat. § 419B.030
A central registry shall be established and maintained by the Department of Human Services.
Purpose
Citation:
This issue is not addressed in the statutes reviewed.
Contents
Citation: Rev. Stat. § 419B.030
Local offices of the department shall report to the registry in writing when an investigation shows reasonable cause to believe that a child has been abused.
Maintenance
Citation: Rev. Stat. § 419B.030
The registry shall contain current information from reports catalogued by both the name of the child and the name of the family.
(Back to Top)
Immunity for Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Immunity for Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 174 KB) publication.
Citation: Or. Rev. Stat. Ann. § 419B.025 (LexisNexis through 2007 Reg. Sess.)
Statute:
Anyone participating in good faith in making a report of child abuse and who has reasonable grounds for the making thereof shall have immunity from any civil or criminal liability that might otherwise be incurred or imposed with respect to the making or content of such report. Any such participant shall have the same immunity with respect to participating in any judicial proceeding resulting from such report.
(Back to Top)
Making and Screening Reports of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Making and Screening Reports of Child Abuse and Neglect: Summary of State Laws (PDF - 619 KB) publication.
Reporting Procedures
Individual Responsibility
Citation: Rev. Stat. § 419B.015
A person making a report shall make an oral report, by telephone or otherwise, to:
The local office of the Department of Human Services or a designee of the department
A law enforcement agency in the county where the person is located
Content of Reports
Citation: Rev. Stat. § 419B.015
The report shall contain, if known:
The names and addresses of the child and the child's parents or other persons responsible for the child
The child's age
The nature and extent of the abuse, including any evidence of previous abuse
The explanation given for the abuse
Any other information that the reporter believes might be helpful in establishing the cause of the abuse and the identity of the perpetrator
Special Reporting Procedures
Suspicious Deaths
Not addressed in statutes reviewed.
Substance-Exposed Infants
Not addressed in statutes reviewed.
Screening Reports
Citation: Rev. Stat. § 419B.017; Admin. Rules §§ 413-015-0205; 413-015-0210; 413-015-1000
The department shall adopt rules establishing the time within which the notification required above must be made. At a minimum, these rules shall:
Establish which reports of child abuse require notification within 24 hours after receipt
Provide that all other reports require notification within 10 days after receipt
Establish criteria that enable the department or law enforcement agency to quickly and easily identify reports that require notification within 24 hours
In regulation: On the same day a report is received by the department, screeners must use the guided assessment screening template to collect critical information in order to effectively evaluate the presence of safety threats.
(Back to Top)
Mandatory Reporters of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Mandatory Reporters of Child Abuse and Neglect: Summary of State Laws (PDF - 633 KB) publication.
Professionals Required to Report
Citation: Rev. Stat. §§ 419B.005; 419B.010
A public or private official is mandated to report. Public or private officials include:
Physicians, interns, or residents
Dentists
School employees
Licensed practical nurses or registered nurses
Employees of the Department of Human Services, State Commission on Children and Families, Child Care Division of the Employment Department, the Oregon Youth Authority, a county health department, a community mental health and developmental disabilities program, a county juvenile department, a licensed child-caring agency, or an alcohol and drug treatment program
Peace officers
Psychologists
Members of the clergy
Licensed clinical social workers
Optometrists
Chiropractors
Certified providers of foster care or their employees
Attorneys
Naturopathic physicians
Licensed professional counselors or marriage and family therapists
Firefighters or emergency medical technicians
Court appointed special advocates
Registered or certified child care providers
Members of the Legislative Assembly
Reporting by Other Persons
Citation: Rev. Stat. § 419B.015
Any person may voluntarily make a report.
Standards for Making a Report
Citation: Rev. Stat. § 419B.010
A report is required when any public or private official has reasonable cause to believe that any child with whom the official comes in contact has suffered abuse.
Privileged Communications
Citation: Rev. Stat. § 419B.010
A psychiatrist, psychologist, member of the clergy, or attorney shall not be required to report if such communication is privileged under law.
An attorney is not required to make a report of information communicated to the attorney in the course of representing a client, if disclosure of the information would be detrimental to the client.
Inclusion of Reporter's Name in Report
Not addressed in statutes reviewed.
Disclosure of Reporter Identity
Citation: Rev. Stat. § 419B.015
The name, address, and other identifying information about the person who made the report may not be disclosed.
(Back to Top)
Parental Drug Use As Child Abuse
To better understand this issue and to view it across States, see the Parental Drug Use As Child Abuse: Summary of State Laws (PDF - 324 KB) publication.
Citation: Or. Rev. Stat. § 419B.005 (LexisNexis through 2007 Reg. Sess.)
Statute Text:
''Abuse'' means:
Permitting a person younger than age 18 to enter or remain in or upon premises where methamphetamines are being manufactured
Unlawful exposure to a controlled substance that subjects a child to a substantial risk of harm to the child's health or safety
(Back to Top)
Penalties for Failure to Report and False Reporting of Child Abuse and Neglect
To better understand this issue and to view it across States, see the Penalties for Failure to Report and False Reporting of Child Abuse and Neglect: Summary of State Laws (PDF - 166 KB) publication.
Failure to Report
Rev. Stat. § 419B.010(3)
A person who violates the reporting laws commits a Class A violation. Prosecution under this law shall be commenced at any time within 18 months after the commission of the offense.
False Reporting
This issue is not addressed in the statutes reviewed.
(Back to Top)
Review and Expunction of Central Registries and Reporting Records
To better understand this issue and to view it across States, see the Review and Expunction of Central Registries and Reporting Records: Summary of State Laws (PDF - 502 KB) publication.
Right of the Reported Person to Review and Challenge Records
Not addressed in statutes reviewed.
When Records Must Be Expunged
Not addressed in statutes reviewed.
(Back to Top)
Child Welfare
Case Planning for Families Involved With Child Welfare Agencies
To better understand this issue and to view it across States, see the Case Planning for Families Involved With Child Welfare Agencies: Summary of State Laws (PDF - 696 KB) publication.
When Case Plans Are Required
Citation: Ann. Stat. § 417.368; Or. Admin. Rules §§ 413-040-0010; 413-040-0031
The Department of Human Services shall consider the use of a family decision-making meeting in each case in which a child is placed in substitute care for more than 30 days.
When the department determines that the use of a family decision-making meeting is appropriate, the meeting shall be held, whenever possible, before the child has been in substitute care for 60 days.
If the department elects not to conduct a family decision-making meeting, the reasons for that decision shall be clearly documented in the written service plan of the child developed by the department.
[The following is from the Administrative Rules.]
The caseworker must develop the case plan within 60 days of a child's removal from home or within 60 days of the completion of the Child Protective Services (CPS) assessment, in cases where the child remains in the home of a parent or legal guardian.
Who May Participate in the Case Planning Process
Citation: Ann. Stat. § 417.371; Or. Admin. Rules § 413-040-0031
If the Department of Human Services determines that the use of a family decision-making meeting is appropriate, the department shall conduct and document reasonable inquiries to promptly locate and notify the parents, grandparents, and any other family member who has had significant, direct contact with the child in the year prior to the substitute care placement.
All family members notified by the department may attend the meeting unless the department determines that the safety of any attendee will be compromised by the attendance of any family member.
''Family member'' includes any person related to the child by blood, marriage or adoption, including, but not limited to, parents, grandparents, stepparents, aunts, uncles, sisters, brothers, cousins, or great-grandparents. ''Family member'' also includes a child age 12 or older, or a child younger than age 12 when appropriate.
[The following is from the Administrative Rules.]
When a decision has been made by the department and the family to use a family decision-making meeting, the department will make and document reasonable inquiries to promptly locate and notify the parents, grandparents, an Indian child's Tribe, and any other family member who has had significant, direct contact with the child in the year prior to the substitute care placement. Other participants in the meeting may include other professionals, foster parents, neighbors, and friends of the family, as appropriate.
Other participants will be jointly identified by the parents, legal guardians, Indian custodian of the child, and the department.
Contents of a Case Plan
Ann. Stat. § 417.375; Or. Admin. Rules § 413-040-0010
If the Department of Human Services conducts a family decision-making meeting, the meeting shall result in the development of a written family plan that may include a primary permanent plan, concurrent permanent plan, placement recommendations, and service recommendations. The family plan or service agreement also shall include:
The expectations of the parents of the child and other family members
Services the department will provide
Timelines for implementation of the plan
The benefits of compliance with the plan
The consequences of noncompliance with the plan
A schedule of subsequent meetings, if appropriate
The department shall incorporate the family plan developed at the family decision-making meeting into the department's service plan for the child to the extent that the family plan protects the child, builds on family strengths, and is focused on achieving permanency for the child within a reasonable time.
If the family plan is not incorporated in the department's service plan for the child, the department shall document the reasons in the service plan.
[The following is from the Administrative Rules.]
The service plan must include all of the following information:
Family composition, including identifying information for each child and each parent or legal guardian
Safety threats identified in the CPS assessment and the ongoing safety plan
The findings of the protective capacity assessment
Expected outcomes and actions that each parent or legal guardian will take to achieve them
Treatment services (if applicable) to the child that include:
The identified needs and services provided to any child placed in substitute care and the reasons the substitute care placement is the least restrictive placement to meet the child's identified needs
Routine and specialized medical and mental health services
Education services, including the school or educational placement of the child and any special educational needs
Services to transition the child to independent living in all cases when the child is age 16 or older, and, if provided, to the child who is age 14 or 15
Services the department will provide, including appropriate and timely referrals to services and service providers suitable to address identified safety threats or strengthen parental protective capacity
The date that the progress of the parents or legal guardians in achieving expected outcomes will be reviewed
When the child is in substitute care, the case plan also must include current placement information including:
The location of the child and the substitute caregiver, except when doing so would jeopardize the safety of the child or the substitute caregiver
Documentation that shows that the child is receiving safe and appropriate care in the least restrictive environment able to provide safety and well-being for the child
The visitation and contact plan
The permanency plan, the conditions for return, and the concurrent permanent plan
As applicable, the caseworker also must include in the case plan:
The goals and activities required for an Indian child under the Indian Child Welfare Act or for a refugee child under the Refugee Act
Recommendations of expert evaluations requested by the department whenever the recommendations may impact parental protective capacities or treatment services for the child
Sibling placement, sibling connections, and the department's efforts to keep siblings together
Orders of the court
(Back to Top)
Concurrent Planning for Permanency for Children
To better understand this issue and to view it across States, see the Concurrent Planning for Permanency for Children: Summary of State Laws (PDF - 200 KB) publication.
Citation: Or. Rev. Stat. Ann. § 419B.343(2) (LexisNexis through Or. 2007 Legis. Serv., Ch. 611)
Statute Text:
Except in cases when the plan is something other than to reunify the family, the Department of Human Services shall include in the case plan:
Appropriate services to allow the parent the opportunity to adjust the parent's circumstances, conduct, or conditions to make it possible for the ward to safely return home within a reasonable time
A concurrent permanent plan to be implemented if the parent is unable or unwilling to adjust the parent's circumstances, conduct, or conditions in such a way as to make it possible for the ward to safely return home within a reasonable time
Citation: Or. Rev. Stat. Ann. § 419B.449(5)-(6) (LexisNexis through Or. 2007 Legis. Serv., Ch. 610 & 611)
Statute Text:
In making the findings under this section, the court shall consider the efforts made to develop the concurrent case plan, including, but not limited to, identification of appropriate permanent placement for the child or ward both inside and outside this State and, if adoption is the concurrent case plan, identification and selection of a suitable adoptive placement for the child or ward.
In addition to findings of fact required by this section, the court may order the Department of Human Services to consider additional information in developing the case plan or concurrent case plan.
(Back to Top)
Court Hearings for the Permanent Placement of Children
To better understand this issue and to view it across States, see the Court Hearings for the Permanent Placement of Children: Summary of State Laws (PDF - 528 KB) publication.
Schedule of Hearings
Citation: Rev. Stat. § 419B.470
The court shall conduct a permanency hearing:
Within 30 days after a judicial finding that the Department of Human Services has determined it will not make reasonable efforts to reunify the family
No later than 12 months after the child was placed within the jurisdiction of the court or 14 months after the child was placed in substitute care, whichever is earlier
Within 3 months of a change in placement
Every 12 months after the initial permanency for as long as the child or ward remains in substitute care
If a child has been surrendered for adoption or the parents' rights have been terminated, within 30 days if the department has not physically placed the child for adoption or initiated adoption proceedings within 6 months after the termination of rights, and every 6 months for as long as the child has not been placed for adoption
Persons Entitled to Attend Hearings
Citation: Rev. Stat. § 419B.473
The court may order that the child or any other person be present during the hearing. The court shall notify the parties listed below and other interested parties of the hearing, such as:
The department
An agency directly responsible for the care or placement of the child
The parents whose rights have not been terminated
An attorney for the child
A court-appointed special advocate
A citizen review board
A Tribal court
Determinations Made at Hearings
Citation: Rev. Stat. § 419B.476
At a permanency hearing, the court shall:
Determine, if the case plan is to reunify the family, whether the department has made reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make possible the child's safe return home and whether the parent has made sufficient progress to make possible the child's safe return home
Determine, if the case plan is something other than to reunify the family, whether the department has made reasonable efforts to place the child in a timely manner in accordance with the plan and to complete the steps necessary to finalize the permanent placement
Determine, if the case plan is something other than reunification, and the child is age 14 or older, whether there is a comprehensive plan for the child's transition to independent living
Review the efforts made by the department to develop the concurrent permanent plan, including, but not limited to, identification of appropriate permanent in-State placement options and appropriate permanent out-of-State placement options and, if adoption is the concurrent case plan, identification and selection of a suitable adoptive placement
Permanency Options
Citation: Rev. Stat. § 419B.476
The permanency goal for the child may include:
Return to the parent
Placement for adoption
Establishment of legal guardianship
Placement in another planned permanent living arrangement when the court determines that there is a compelling reason, which must be documented by the department, why it would not be in the best interests of the ward to be returned home, placed for adoption, placed with a legal guardian, or placed with a fit and willing relative
If an Indian child is involved, the court shall follow the placement preference established by the Indian Child Welfare Act.
(Back to Top)
Criminal Background Checks for Prospective Foster and Adoptive Parents
To better understand this issue and to view it across States, see the Criminal Background Checks for Prospective Foster and Adoptive Parents: Summary of State Laws (PDF - 553 KB) publication.
Requirements for Foster Parents
Citation: Rev. Stat. § 418.016; Admin. Rules § 413-120-0450
A criminal records check is required for a prospective foster parent and other individuals age 18 or older who will be in the household of the prospective foster parent.
DHS shall not issue or renew a certificate of approval to operate a relative caregiver or foster home, and no exception may be granted, if an individual has been convicted of a felony crime that involves:
Rape, sodomy, or sexual abuse
Incest, if the victim is a child
Intentional starvation or torture
Murder or voluntary manslaughter
Abuse or neglect of a child that causes death of the child or serious physical injury to the child
Aiding, abetting, attempting, soliciting, or conspiring to cause the death of a child
If an individual has been convicted of one of the following crimes, DHS shall not issue or renew a certificate of approval to operate a relative caregiver or foster home for children unless an exception is granted as provided below:
Any felony or misdemeanor crime of violence against a child
Any felony involving child abuse or neglect, a child as the victim, or violence, including domestic violence
A felony drug-related offense
A department manager is authorized to grant an exception when it has been determined that the individual possesses the qualifications to be a relative caregiver or foster parent regardless of the criminal conviction. In determining whether to grant an exception, the person authorized to grant the exception shall consider factors such as the severity, nature, and circumstances surrounding the crime, the relationship of the criminal activity to the subject individual's capacity to safely provide the proposed care, and any evidence of rehabilitation.
Requirements for Adoptive Parents
Citation: Rev. Stat. § 418.016; Admin. Rules § 413-120-0450
A criminal records check is required for a prospective adoptive parent and other individuals age 18 or older who will be in the household of the prospective adoptive parent.
DHS shall not approve an adoption application, and no exception may be granted, if an individual has been convicted of a felony crime that involves:
Rape, sodomy, or sexual abuse
Incest, if the victim is a child
Intentional starvation or torture
Murder or voluntary manslaughter
Abuse or neglect of a child that causes death of the child or serious physical injury to the child
Aiding, abetting, attempting, soliciting, or conspiring to cause the death of a child
If a subject individual has been convicted of one of the following crimes, DHS shall not approve an adoption application unless an exception is granted as provided below:
Any felony or misdemeanor crime of violence against a child
Any felony involving child abuse or neglect, a child as the victim, or violence, including domestic violence
A felony drug-related offense
A department manager is authorized to grant an exception when it has been determined that the individual possesses the qualifications to be an adoptive parent regardless of the criminal conviction. In determining whether to grant an exception, the person authorized to grant the exception shall consider factors such as the severity, nature, and circumstances surrounding the crime, the relationship of the criminal activity to the subject individual's capacity to safely provide the proposed care, and any evidence of rehabilitation.
(Back to Top)
Determining the Best Interests of the Child
To better understand this issue and to view it across States, see the Determining the Best Interests of the Child: Summary of State Laws (PDF - 385 KB) publication.
Citation: Or. Rev. Stat. Ann. § 107.137(1) (LexisNexis through 2007 Reg. Sess.)
Statute Text:
In determining the custody of a minor child, the court shall give primary consideration to the best interests and welfare of the child. In determining the best interests and welfare of the child, the court shall consider the following relevant factors:
The emotional ties between the child and other family members
The interest of the parties in and attitude toward the child
The desirability of continuing an existing relationship
The abuse of one parent by the other
The preference of the primary caregiver of the child, if the caregiver is deemed fit by the court
The willingness and ability of each parent to facilitate and encourage a close and continuing relationship between the other parent and the child
The court may not consider such willingness and ability if one parent shows that the other parent has sexually assaulted or engaged in a pattern of behavior of abuse against the parent or a child and that a continuing relationship with the other parent will endanger the health or safety of either parent or the child.
(Back to Top)
Grounds for Involuntary Termination of Parental Rights
To better understand this issue and to view it across States, see the Grounds for Involuntary Termination of Parental Rights: Summary of State Laws (PDF - 444 KB) publication.
Circumstances That Are Grounds for Termination of Parental Rights
Rev. Stat. §§ 419B.502; 419B.504; 419B.506; 419B.508
The rights of the parent or parents may be terminated if the court finds:
The parent is unfit by reason of a single or recurrent incident of extreme conduct toward any child. In determining extreme conduct, the court shall consider the following:
Rape, sodomy, or sex abuse of any child by the parent
Intentional starvation or torture of any child by the parent
Abuse or neglect by the parent of any child resulting in death or serious physical injury
Conduct by the parent to aid or abet another person who, by abuse or neglect, caused the death of any child
Conduct by the parent to attempt, solicit, or conspire to cause the death of any child
Previous involuntary terminations of the parent's rights to another child if the conditions giving rise to the previous action have not been ameliorated
Conduct by the parent that knowingly exposes any child of the parent to the storage or production of methamphetamines from precursors
The parent is unfit by reason of conduct or condition seriously detrimental to the child and integration of the child into the home of the parent is improbable within a reasonable time due to conduct or conditions not likely to change. In determining such conduct and conditions, the court shall consider but is not limited to the following:
Emotional illness, mental illness, or mental retardation of the parent of such nature and duration as to render the parent incapable of providing proper care for the child for extended periods of time
Conduct toward any child of an abusive, cruel, or sexual nature
Addictive or habitual use of intoxicating liquors or controlled substances to the extent that parental ability has been substantially impaired
Physical neglect of the child
Lack of effort of the parent to adjust circumstances, conduct, or conditions to make it possible for the child to safely return home within a reasonable time
Failure of the parent to effect a lasting adjustment after reasonable efforts by available social agencies for such extended duration of time that it appears reasonable that no lasting adjustment can be effected
Criminal conduct that impairs the parent's ability to provide adequate care for the child
The parent has failed or neglected without reasonable and lawful cause to provide for the basic physical and psychological needs of the child for 6 months. In determining such failure or neglect, the court shall disregard any incidental or minimal expressions of concern or support and shall consider but is not limited to one or more of the following:
Failure to provide care or pay a reasonable portion of substitute physical care and maintenance if custody is lodged with others
Failure to maintain regular visitation or other contact with the child that was designed to reunite the child with the parent
Failure to contact or communicate with the child or with the custodian of the child
The child has been abandoned or left under circumstances such that the identity of the parent was unknown and could not be ascertained, despite diligent searching, and the parent has not come forward to claim the child within 3 months following the finding of the child.
Circumstances That Are Exceptions to Termination of Parental Rights
Rev. Stat. § 419B.498
The department shall file a petition to terminate the parental rights of a parent when the child has been in foster care for 15 of the most recent 22 months or there are grounds to terminate unless:
The child is being cared for by a relative, and that placement is intended to be permanent.
There is a compelling reason, which is documented in the case plan, for determining that filing such a petition would not be in the best interests of the child. Such compelling reasons include, but are not limited to:
The parent is successfully participating in services that will make it possible for the child to safely return home within a reasonable time.
Another permanent plan is better suited to meet the health and safety needs of the child.
The court or local citizen review board in a prior hearing or review determined that, while the case plan was to reunify the family, the department did not make reasonable efforts or, if the Indian Child Welfare Act applies, active efforts to make it possible for the child to safely return home.
The department has not provided to the family of the child, consistent with the time period in the case plan, such services as the department deems necessary for the child to safely return home, if reasonable efforts to make it possible for the child to safely return home are required.
No petition to terminate parental rights may be filed until the court has determined that the permanency plan for the child should be adoption after a permanency hearing pursuant to § 419B.476.
(Back to Top)
Infant Safe Haven Laws
To better understand this issue and to view it across States, see the Infant Safe Haven Laws: Summary of State Laws (PDF - 660 KB) publication.
Infant's Age
Rev. Stat. § 418.017
An infant may be relinquished if he or she:
Is 30 days of age or younger as determined to a reasonable degree of medical certainty
Has no evidence of abuse
Who May Relinquish the Infant
Rev. Stat. § 418.017
The infant may be relinquished by his or her parent.
Who May Receive the Infant
Rev. Stat. § 418.017
The infant may be left at an authorized facility in the physical custody of an agent, employee, physician, or other medical professional working at the authorized facility. ''Authorized facility'' means a hospital, freestanding birthing center, physician's office, sheriff's office, police station, or fire station.
Responsibilities of the Safe Haven Provider
Rev. Stat. § 418.017
An agent, employee, physician, or other medical professional working at an authorized facility shall receive an infant brought to the authorized facility. When an infant has been left, the authorized facility shall notify the Department of Human Services no later than 24 hours after receiving the infant.
Immunity for the Provider
Rev. Stat. § 418.017
If acting in good faith in receiving an infant, an authorized facility receiving an infant and any agent, employee, physician, or other medical professional working at the authorized facility are immune from any criminal or civil liability that otherwise might result from their actions relating to receiving the infant. A city, county, or other political subdivision of this State that operates a sheriff's office, police station, or fire station that receives an infant is immune from any criminal or civil liability that otherwise might result from the actions taken by its employees or agents in receiving the infant.
Protection for Relinquishing Parent
Rev. Stat. §§ 418.017; 163.535(3)
A parent leaving an infant under this section is not required to provide any identifying information about the infant or the parent.
Relinquishment of the child to a safe haven is an affirmative defense to prosecution for abandonment.
Effect on Parental Rights
Rev. Stat. § 418.017
The infant is considered abandoned for purposes of § 419B.100, and the department is considered to have protective custody of the infant from the moment the infant was left at the facility. The department shall comply with the applicable provisions of Revised Statutes chapter 419B with regard to the infant.
(Back to Top)
Online Resources for State Child Welfare Law and Policy
To better understand this issue and to view it across States, see the Online Resources for State Child Welfare Law and Policy (PDF - 472 KB) publication.
Statutes:
Website for Statutes:
www.leg.state.or.us/ors/
Citations:
Adoption: Chapter 109, §§ 109.304 through 109.507
Child Protection: Chapter 419B, §§ 419B.005 through 419B.050
Child Welfare: Chapter 419B, §§ 419B.192; 419B.325 through 419B.349; 419B.470 through 419B.530
Regulation/Policy
Website for Administrative Code:
http://arcweb.sos.state.or.us/banners/rules.htm
Note:
See Chapters 413, 417, 423
Websites for Agency Policies:
www.dhs.state.or.us/policy
www.dhs.state.or.us/policy/childwelfare/
Other Resources
Department of Human Services
Child Abuse and Neglect Resource List
www.oregon.gov/DHS/children/abuse/
Child Welfare Practices for Cases with Domestic Violence
http://dhsforms.hr.state.or.us/Forms/Served/CE9200.pdf (PDF - 824 KB)
Certification Standards for Foster Care, Relative Care and Pre-Adoptive Families
http://dhsforms.hr.state.or.us/Forms/Served/DE9303.pdf (PDF - 1350 KB)
Foster Parent Handbook
http://dhsforms.hr.state.or.us/Forms/Served/DE7902.pdf (PDF - 18300 KB)
Oregon Adoption Assistance Handbook
http://dhsforms.hr.state.or.us/Forms/Served/DE9050.pdf (PDF - 748 KB)
(Back to Top)
Placement of Children With Relatives
To better understand this issue and to view it across States, see the Placement of Children With Relatives: Summary of State Laws (PDF - 310 KB) publication.
Relative Placement for Foster Care and Guardianship
Citation: Rev. Stat. § 419B.192
If the court finds that a child is in need of placement or continuation in substitute care, there shall be a preference given to placement of the child with relatives and persons who have a caregiver relationship with the child, as defined in § 419B.116. The Department of Human Services shall make diligent efforts to place the child with such persons and shall report to the court the efforts made by the department to effectuate that placement.
If the child has a sibling in need of placement, the department shall make diligent efforts to place the siblings together, unless the court finds that placement of the siblings together is not in the best interests of the child or the child's siblings.
Requirements for Placement with Relatives
Citation: Rev. Stat. § 419B.192
In attempting to place the child, the department shall consider, but not be limited to considering, the following:
The ability of the person being considered to provide safety for the child, including a willingness to cooperate with any restrictions placed on contact between the child and others, and to prevent anyone from influencing the child in regard to the allegations of the case
The ability of the person being considered to support the efforts of the department to implement the permanent plan for the child
The ability of the person being considered to meet the child's physical, emotional, and educational needs, including the child's need to continue in the same school or educational placement
Which person has the closest existing personal relationship with the child if more than one person requests to have the child placed with them
The ability of the person being considered to provide a placement for the child's sibling who is also in need of placement
In cases where the Indian Child Welfare Act applies, the placement preferences of the Indian Child Welfare Act shall be followed.
Relatives Who May Adopt
This issue is not addressed in the statutes reviewed.
Requirements for Adoption by Relatives
This issue is not addressed in the statutes reviewed.
(Back to Top)
Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children
To better understand this issue and to view it across States, see the Reasonable Efforts to Preserve or Reunify Families and Achieve Permanency for Children: Summary of State Laws (PDF - 368 KB) publication.
What Are Reasonable Efforts
Citation: Rev. Stat. § 419B.340
''Reasonable efforts'' include preventive and reunification services.
For an Indian child, the department must make active efforts to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
When Reasonable Efforts Are Required
Citation: Rev. Stat. § 419B.340
Reasonable efforts must be made:
To prevent or eliminate the need for removal of the child from the home
To make it possible for the child to safely return home
When Reasonable Efforts Are NOT Required
Citation: Rev. Stat. § 419B.340
The court may find that the department is not required to make reasonable efforts if one of the following circumstances exists:
The parent has subjected the child to aggravated circumstances including, but not limited to, the following:
The parent by abuse or neglect has caused the death of any child.
The parent has attempted, solicited, or conspired to cause the death of any child.
The parent by abuse or neglect has caused serious physical injury to any child.
The parent has subjected any child to rape, sodomy, or sexual abuse.
The parent has subjected any child to intentional starvation or torture.
The parent has abandoned the child.
The parent has unlawfully caused the death of the other parent of the child.
The parent has been convicted in any jurisdiction of one of the following crimes:
Murder or manslaughter of another child of the parent
Aiding, abetting, attempting, conspiring, or soliciting to commit any such crime
Felony assault that results in serious physical injury to the child or another child of the parent
The parent's rights to another child have been terminated involuntarily.
(Back to Top)
Standby Guardianship
To better understand this issue and to view it across States, see the Standby Guardianship: Summary of State Laws (PDF - 256 KB) publication.
These issues are not addressed in statutes reviewed.
(Back to Top)
Adoption
Access to Adoption Records
To better understand this issue and to view it across States, see the Access to Adoption Records: Summary of State Laws (PDF - 504 KB) publication.
Who May Access Information
Citation: Ann. Stat. §§ 109.455; 109.500
The voluntary adoption registry may be used to obtain identifying information by the following persons:
A birth parent
An adult adoptee
An adult birth sibling
The adoptive parent of a deceased adoptee
The parents or adult siblings of a deceased birth parent
Nonidentifying information may be released to:
The adoptive parents of the child or the child's guardian
The birth parent of the adoptee
An adult adopteen
If the adoptee is deceased:
The adoptee's spouse if the spouse is the birth parent of the adoptee's child or the guardian of any child of the adoptee
Any progeny of the adoptee who is age 18 or older
Access to Nonidentifying Information
Citation: Ann. Stat. § 109.500
A genetic and social history and health history that excludes information identifying any birth parent or putative father, member of a birth parent's or putative father's family, the adoptee or the adoptive parents of the adoptee may be provided, if available, from an agency upon request to the persons listed above.
Mutual Access to Identifying Information
Citation: Ann. Stat. §§ 109.455; 109.460
The persons listed above may use the voluntary adoption registry for obtaining identifying information about birth parents, the putative father, the adult adoptee, and adult birth siblings.
An adult adoptee who has a birth sibling in the adult adoptee's adoptive family who is under age 18 may not have access to the registry.
A putative father may not have access to the registry.
The persons listed above shall work through the agency involved in the adoption, or its successor agency, or the Department of Human Services to receive information concerning the adoption.
The persons listed above and a putative father may register by submitting a signed affidavit to the registry. The affidavit shall contain the information listed in § 109.465 and a statement of the registrant's willingness to be identified to the other relevant persons who register. The affidavit gives authority to the registry to release identifying information to the other relevant persons who register. Each registration shall be accompanied by the birth certificate of the registrant.
An adoptee, or the parent or guardian of an adoptee under age 18, may register to have specific identifying information disclosed to Indian Tribes or to governmental agencies in order to establish the adoptee's eligibility for Tribal membership or for benefits or to a person settling an estate.
If a birth parent or an adoptee fails to file an affidavit with the registry for any reason, including death or disability, identifying information shall not be disclosed.
Access to Original Birth Certificate
Citation: Ann. Stat. § 432.240
Upon receipt of a written application to the State Registrar, any adoptee age 21 and older born in the State of Oregon shall be issued a certified copy of his or her unaltered, original, and unamended certificate of birth that is in the custody of the State Registrar, with procedures, filing fees, and waiting periods identical to those imposed upon nonadopted citizens.
A birth parent may at any time request from the State Registrar of the Center for Health Statistics or from a voluntary adoption registry a Contact Preference Form that shall accompany a birth certificate issued under the section above. The Contact Preference Form shall provide the following information to be completed at the option of the birth parent:
I would like to be contacted.
I would prefer to be contacted only through an intermediary.
I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will register with the voluntary adoption registry. I have completed an updated medical history and have filed it with the voluntary adoption registry.
The certificate from the voluntary adoption registry verifying receipt of an updated medical history shall be in a form prescribed by the Department of Human Services and shall be supplied upon request of the birth parent by the voluntary adoption registry.
When the State Registrar receives a completed Contact Preference Form from a birth parent, the State Registrar shall match the Contact Preference Form with the adoptee's sealed file. The Contact Preference Form shall be placed in the adoptee's sealed file when a match is made. A completed Contact Preference Form shall be confidential.
Where the Information Can Be Located
Voluntary Adoption Registry, Oregon Department of Human Services
(Back to Top)
Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents
To better understand this issue and to view it across States, see the Collection of Family Information About Adopted Persons, Birth Parents, and Adoptive Parents: Summary of State Laws (PDF - 371 KB) publication.
Agency or Person Gathering Information or Preparing Report
Citation: Rev. Stat. § 109.304
The home study and placement report is conducted by:
The Department of Human Services
A licensed adoption agency
Contents of Report About Person to be Adopted
Citation: Rev. Stat. §§ 109.304; 109.342
The report on the child shall include:
Social and genetic history
Medical history from birth to the time of placement
Any diseases, disabilities, or birth defects
Records of any medical examinations
Contents of Report About Birth Parents
Citation: Rev. Stat. § 109.342
The report on the birth parents shall include:
Medical history
Physical characteristics at the time of the child's birth, including height, weight, and color of eyes, hair, and skin
Gynecologic and obstetric history of the birth mother
Any history of potentially inheritable genetic traits
Any other useful or unusual information the birth parents are willing to provide
Contents of Report About Adoptive Parents
Citation: Rev. Stat. §§ 109.304; 109.309
The home study of the prospective adoptive parent shall determine
Whether the individual is suitable as an adoptive parent
Whether the home meets the minimum standards set forth in the department's administrative rules
(Back to Top)
Consent to Adoption
To better understand this issue and to view it across States, see the Consent to Adoption: Summary of State Laws (PDF - 474 KB) publication.
Who Must Consent to an Adoption
Citation: Ann. Stat. §§ 109.312; 109.314; 109.316
Consent in writing to the adoption of a child shall be given by:
The parents of the child, or the survivor of them
The guardian of the child, if the child has no living parent
The next of kin in this State, if the child has no living parent and no guardian
Some suitable person appointed by the court to act in the proceeding as next friend of the child to give or withhold consent, if the child has no living parent and no guardian or next of kin qualified to consent
If the legal custody of the child has been awarded in marital dissolution proceedings, the written consent of the person to whom custody of the child has been awarded may be held sufficient by the court. However, unless the noncustodial parent consents to the adoption, the petitioner shall serve on the noncustodial parent a summons and a motion and order to show cause why the proposed adoption should not be ordered without the noncustodial parent's consent, and the objections of the noncustodial parent shall be heard if appearance is made.
The Department of Human Services or an approved child-caring agency, acting in loco parentis, may consent to the adoption of a child who has been:
Surrendered to it for the purpose of adoption
Permanently committed to it by order of a court of competent jurisdiction
Surrendered to it for the purpose of adoption by one parent and permanently committed to it by a court of competent jurisdiction having jurisdiction of the other parent
Age When Consent of Adoptee is Considered or Required
Citation: Ann. Stat. § 109.328
If the child is age 14 or older, the adoption shall not be made without the consent of the child.
When Parental Consent is not Needed
Citation: Ann. Stat. §§ 109.322; 109.324; 109.326
An adoption may be granted without the consent of the parent if:
A parent has been adjudged mentally ill or mentally deficient and remains so at the time of the adoption proceedings.
A parent is imprisoned in a State or Federal prison under a sentence for a term of not less than 3 years and has actually served 3 years.
A parent has willfully deserted the child or neglected without just and sufficient cause to provide proper care and maintenance for the child for 1 year immediately prior to the filing of the petition for adoption.
The mother of a child was married at the time of the conception or birth of the child, and it has been determined that her husband at such time was not the father of the child; in this case, consent of the husband is not required.
When Consent Can Be Executed
Citation:
This issue is not addressed in the statutes reviewed.
How Consent Must Be Executed
Citation: Ann. Stat. §§ 109.312; 109.346; 418.270
Consent must be in writing and its validity attested to by the court or an authorized person.
A birth parent consenting to an adoption shall receive notice of the birth parent's right to payment for three adoption-related counseling sessions prior to surrender or relinquishment of the child for adoption and three sessions of adoption-related counseling after surrender or relinquishment of the child for adoption.
Notice of the right to adoption-related counseling shall be in writing and shall be provided to the consenting birth parent by either the attorney for the birth parent, the agency representative taking the birth parent's consent, or the attorney for the prospective adoptive parent. Before entry of a judgment of adoption, the agency or attorney providing the written notice shall submit verification to the court that the notice was given to the consenting birth parent.
A parent may execute consent or surrender to a child-placing agency for the purpose of placing the child for adoption by that agency.
Revocation of Consent
Citation: Ann. Stat. § 109.312
A person who gives consent to adoption may agree concurrently or subsequently to the giving of such consent that the consent shall be or become irrevocable and may waive such person's right to a personal appearance in court by a duly signed and attested certificate. The certificate of irrevocability and waiver shall be in effect when the following are completed:
The child is placed for the purpose of adoption in the physical custody of the person or persons to whom the consent is given.
The person or persons to whom consent for adoption is given have filed a petition to adopt the child in a court of competent jurisdiction.
The court has entered an order appointing the petitioner or some other suitable person as guardian of the child.
A home study has been filed with the court approving the petitioners as potential adoptive parents.
Information about the child's social, medical, and genetic history has been provided by the person giving consent to the adoption.
The person signing the certificate of irrevocability and waiver has been given an explanation of the consequences of signing the certificate.
Upon the fulfillment of the conditions above, the consent for adoption may not be revoked unless fraud or duress is proved with respect to any material fact.
Consent to the adoption of a child subject to the Indian Child Welfare Act shall not be valid unless the requirements of the Indian Child Welfare Act (25 U.S.C. 1901 et seq.) are met. In accordance with the Indian Child Welfare Act, a certificate of irrevocability is not valid for a child who is subject to the Indian Child Welfare Act.
(Back to Top)
Court Jurisdiction and Venue for Adoption Petitions
To better understand this issue and to view it across States, see the Court Jurisdiction and Venue for Adoption Petitions: Summary of State Laws (PDF - 233 KB) publication.
Jurisdiction
Citation: Rev. Stat. § 109.309(1)-(3)
Any person may petition the circuit court to adopt another person. One petitioner, the child, one parent, or the person, who is not an adoption agency, consenting to the adoption must be a resident of the State.
Except as provided below, when the petition is for the adoption of a minor child, the adoption is governed by the Uniform Child Custody Jurisdiction and Enforcement Act, §§ 109.701 to 109.834.
Notwithstanding §§ 109.741 and 109.744, a court of this State has jurisdiction over the adoption of a minor child if, immediately prior to the filing of a petition for adoption:
The child resided in the State for at least 6 consecutive months including periods of temporary absence.
One parent or another person consenting to the adoption, who is not an adoption agency, resided in the State for at least 6 consecutive months including periods of temporary absence.
The prospective adoptive parent resided in the State for at least 6 consecutive months including periods of temporary absence and substantial evidence is available concerning the present or future care of the child.
It appears that no court of another State would have jurisdiction.
A court of another State has declined to exercise jurisdiction on the grounds that this State is a more appropriate forum to hear a petition for adoption of the child and it is in the best interests of the child that a court of this State assume jurisdiction.
Venue
Citation: Rev. Stat. § 109.309(5)
In a petition to adopt a minor child, venue lies in the Oregon county with which the child has the most significant connection or in the Oregon county in which the licensed adoption agency is located.
(Back to Top)
State Recognition of Intercountry Adoptions Finalized Abroad
To better understand this issue and to view it across States, see the State Recognition of Intercountry Adoptions Finalized Abroad: Summary of State Laws (PDF - 414 KB) publication.
Effect and Recognition of a Foreign Adoption Decree
Citation: Rev. Stat. § 109.385(1)
An adoption in any foreign nation under the laws of such nation of a person who is at the time of the adoption a national of such nation by adoptive parents, at least one of whom is a citizen of the United States, shall be recognized as a valid and legal adoption for all purposes in the State of Oregon if the adoption is valid and legal in the foreign nation wherein the adoption occurred.
Readoption After an Intercountry Adoption
Citation: Rev. Stat. § 109.385(2)
The certificate of a judge of a court of general jurisdiction under the seal of the judge or the seal of the court in any foreign nation with respect to the adoption of a national of such foreign nation by adoptive parents, at least one of whom is a citizen of the United States, that all pertinent laws of such foreign nation have been complied with and the adoption is in all respects legal and valid shall be prima facie evidence in any court in the State of Oregon in any proceeding that such adoption was in fact legal and valid. Such certificate shall be prima facie evidence even if under the laws of the foreign nation the adoption is an administrative procedure and is not within the jurisdiction of the court or the judge making the certificate.
Application for a U.S. Birth Certificate
Citation: Rev. Stat. § 432.230(8)
The State Registrar, upon request, shall prepare and register a certificate in this State for a person born in a foreign country who is not a citizen of the United States and who was adopted through a court of competent jurisdiction in this State. The certificate shall be established upon receipt of:
A report of a judgment of adoption from the court
Proof of the date and place of the person's birth
A request from the court, the adopting parents, or the adopted person, if he or she is age 18 or older
The certificate shall be labeled ''Certificate of Foreign Birth'' and shall show the actual country of birth. A statement shall also be included on the certificate indicating that it is not evidence of U.S. citizenship for the person for whom it is issued.
(Back to Top)
Intestate Inheritance Rights for Adopted Children
To better understand this issue and to view it across States, see the Intestate Inheritance Rights for Adopted Children: Summary of State Laws (PDF - 333 KB) publication.
Birth Parents in Relation to Adopted Person
Citation: Rev. Stat. § 112.175
An adopted person shall cease to be treated as the child of the person's birth parents for all purposes of intestate succession, except:
If a birth parent of a person marries or remarries and the person is adopted by the stepparent, the adopted person also shall continue to be treated, for all purposes of intestate succession, as the child of the birth parent who is the spouse of the adoptive parent.
If a birth parent of a person dies, the other birth parent remarries and the person is adopted by the stepparent, the adopted person also shall continue to be treated, for all purposes of intestate succession by any person through the deceased birth parent, as the child of the deceased birth parent.
Adoptive Parents in Relation to Adopted Person
Citation: Rev. Stat. §§ 112.175; 112.185
An adopted person and the adoptive parent(s) and their relatives shall take by intestate succession from each other as though the adopted person were the birth child of the adoptive parent(s).
For all purposes of intestate succession, a person who has been adopted more than once shall be treated as the child of the parents who have most recently adopted the person and, except as otherwise provided in this section, shall cease to be treated as the child of the previous adoptive parent(s).
(Back to Top)
Postadoption Contact Agreements Between Birth and Adoptive Families
To better understand this issue and to view it across States, see the Postadoption Contact Agreements Between Birth and Adoptive Families: Summary of State Laws (PDF - 443 KB) publication.
What may be included in postadoption contact agreements?
Citation: Rev. Stat. § 109.305
An adoptive parent and a birth parent may enter into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or adoptive parents.
The rule that statutes in derogation of common law are to be strictly construed does not apply to the adoption laws of this State.
Who may be a party to a postadoption contact agreement?
Citation: Rev. Stat. § 109.305
An adoptive parent and a birth relative may enter into a written agreement, approved by the court, to permit continuing contact between the birth relatives and the child or adoptive parents.
As used in this subsection, the term ''birth relatives'' includes birth parents, grandparents, siblings, and other members of the child's birth family. A birth relative that enters into an agreement under this subsection must have established emotional ties creating an ongoing personal relationship, as defined in § 109.119, with the child. If the child is under age 1, the ongoing personal relationship between the birth relative and the child must have continued for at least half of the child's life.
If the child is age 14 or older, an agreement made under this section may not be entered into without the consent of the child.
What is the role of the court in postadoption contact agreements?
Citation: Rev. Stat. § 109.305
The written agreement must be approved by the court.
The court may show approval of an agreement made under this section by incorporating the agreement by reference and indicating the court's approval of the agreement in the adoption judgment.
Are agreements legally enforceable?
Citation: Rev. Stat. § 109.305
An agreement made under the subsection above may be enforced by a civil action. However, before a court may enter an order requiring compliance with the agreement, the court must find that the party seeking enforcement participated, or attempted to participate, in good faith in mediating the dispute giving rise to the action prior to filing the civil action.
Failure to comply with the terms of an agreement made under this section is not grounds for setting aside an adoption judgment or revocation of a written consent to adoption.
How may an agreement be terminated or modified?
Citation: Rev. Stat. § 109.305
The court may modify an agreement if the court finds that the modification is necessary to serve the best interests of the adopted child and that:
The party seeking modification participated, or attempted to participate, in good faith in mediation prior to seeking modification of the agreement.
The modification is agreed to by all parties to the original agreement.
Exceptional circumstances have arisen since the parties entered into the agreement that justify modification of the agreement.
(Back to Top)
Regulation of Private Domestic Adoption Expenses
To better understand this issue and to view it across States, see the Regulation of Private Domestic Adoption Expenses: Summary of State Laws (PDF - 592 KB) publication.
Birth Parent Expenses Allowed
Citation: Rev. Stat. § 109.311(1)
The only allowable expenses are the legal, medical, living, and travel expenses that are included in the written disclosure statement.
Birth Parent Expenses Not Allowed
Citation: Rev. Stat. § 109.311
No charges, except those reported in the disclosure statement, may be paid.
Allowable Payments for Arranging Adoption
Citation: Rev. Stat. § 109.311(3)
A person may not charge, accept, pay, or offer to charge, accept, or pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child.
Allowable Payments for Relinquishing Child
Citation:
This issue is not addressed in the statutes reviewed.
Allowable Fees Charged by Department/Agency
Citation: Rev. Stat. §§ 109.309; 109.311; Admin. Rules R. 413-140-0035; 0040; 0045
Oregon licensed adoption agencies may charge reasonable fees for services provided by them.
The Department of Human Services may charge the petitioner a fee for investigating a proposed nonagency adoption and preparing the home study and placement report. The petitioner shall report the fee amount to the court. The court granting the adoption shall make a finding as to whether the fee is necessary and reasonable. Any fee charged may not exceed reasonable costs for investigation, home study, and placement report preparation.
In regulation: Except as provided below, the home study must be conducted by a contracted adoption agency. The allowable fee for a home study for an independent adoption is established by the department. This fee is paid directly to the contracted adoption agency performing the service and may not exceed $1,500.
If the home study is completed by a licensed adoption agency that is not a contracted adoption agency, a Certificate of Approval from a contracted adoption agency is required, along with a copy of the original home study. The fee for the Certificate of Approval may not exceed $150.
The fee for a placement report for an independent adoption is $675. The petitioner must pay this fee to the department prior to the issuance of the 90-day waiting period waiver or the Notice to the Court.
A petitioner or an attorney for the petitioner shall reimburse travel expenses directly to the agency performing the service. Travel reimbursement is limited to reasonable travel expenses, including actual and necessary expenses for lodging and meals.
Contracted adoption agencies may, on a case-by-case basis, absorb some costs and accept a reduced fee, or full waiver of the home study and/or placement report fee, in consideration of the household income of the prospective adoptive parents.
Accounting of Expenses Required by Court
Citation: Rev. Stat. § 109.311(1)
Each adoption petition shall be accompanied by a written disclosure statement containing an itemized accounting of all moneys paid or estimated to be paid by the petitioner for fees, costs, and expenses related to the adoption, including all legal, medical, living, and travel expenses. The form of the disclosure statement shall be prescribed by the Department of Human Services after consultation with approved Oregon licensed adoption agencies.
(Back to Top)
Rights of Presumed (Putative) Fathers, The
To better understand this issue and to view it across States, see the Rights of Presumed (Putative) Fathers, The: Summary of State Laws (PDF - 925 KB) publication.
Legal definition of "father"
Rev. Stat. § 109.070
A man is rebuttably presumed to be the father of a child if:
He and the woman were married to each other at the time of the child's birth, without a judgment of separation, regardless of whether the marriage is void.
He and the woman were married to each other, and the child is born within 300 days after the marriage is terminated.
Putative father registry
No
Alternate means to establish paternity
Rev. Stat. § 109.070
The paternity of a person may be established as follows:
By a presumption of paternity, as defined above
By the marriage of the parents of a child after the birth of the child, and the parents filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by § 432.287
By filiation proceedings
By filing with the State Registrar of the Center for Health Statistics the voluntary acknowledgment of paternity form as provided for by § 432.287
By having established paternity through a voluntary acknowledgment of paternity process in another State
By paternity being established or declared by other provision of law
Required Information
Rev. Stat. § 432.287
The Director of Human Services shall adopt by rule a form of a voluntary acknowledgment of paternity that includes the minimum requirements specified by the United States Secretary of Health and Human Services.
The voluntary acknowledgment of paternity form must contain:
A statement of rights and responsibilities, including any rights afforded to a minor parent
A statement of the alternatives to and consequences of signing the acknowledgment
The Social Security numbers and addresses of the parents
The signatures of both parents, witnessed by a third party
Revocation of claim to paternity
Rev. Stat. § 109.070
A party to a voluntary acknowledgment of paternity may rescind the acknowledgment within the earlier of:
60 days after filing the acknowledgment
The date of a proceeding relating to the child, including a proceeding to establish a support order, in which the party wishing to rescind the acknowledgment is also a party
To rescind the acknowledgment, the party shall sign and file with the State Registrar of the Center for Health Statistics a written document declaring the rescission.
A signed voluntary acknowledgment of paternity filed in this State may be challenged and set aside in circuit court at any time after the 60-day period on the basis of fraud, duress, or a material mistake of fact.
The challenge may be brought by:
A party to the acknowledgment
The child
The Department of Human Services if the child is in the care and custody of the department
The challenge shall be initiated by filing a petition with the circuit court. The party bringing the challenge has the burden of proof.
If the court finds by a preponderance of the evidence that the acknowledgment was signed because of fraud, duress, or material mistake of fact, the court shall set aside the acknowledgment unless, giving consideration to the interests of the parties and the child, the court finds that setting aside the acknowledgment would be substantially inequitable.
Access to information
Rev. Stat. § 432.287
Upon request, the State Registrar shall provide a copy of any voluntary acknowledgment of paternity form to the State agency responsible for administration of the child support enforcement program created under title IV-D of the Social Security Act.
(Back to Top)
Use of Advertising and Facilitators in Adoptive Placements
To better understand this issue and to view it across States, see the Use of Advertising and Facilitators in Adoptive Placements: Summary of State Laws (PDF - 282 KB) publication.
Use of Advertisement
Citation: Rev. Stat. § 109.311(4)
It is unlawful for any person to advertise a child offered or wanted for adoption or to advertise that the person is able to place, locate, dispose of, or receive a child for adoption. The provisions of this section do not apply to:
The State Office for Services to Children and Families or a licensed Oregon adoption agency or an agent, employee, or person with whom the Office or adoption agency has a contract authorizing such actions
A person who has completed a home study and has received a favorable recommendation regarding the fitness of the person to be an adoptive parent or the person's attorney or uncompensated agent
Nothing in this section prohibits an attorney licensed to practice in Oregon from advertising the attorney's availability to provide services related to the adoption of children.
The word advertise means to communicate by newspaper, radio, television, handbills, placards or other print, or broadcast or electronic media that originates with the State.
Use of Intermediaries/Facilitators
Citation: Rev. Stat. § 109.311(3)
A person may not charge, accept, pay, or offer to pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child, except that Oregon licensed adoption agencies may charge reasonable fees for services provided by them.
(Back to Top)
Who May Adopt, Be Adopted, or Place a Child for Adoption
To better understand this issue and to view it across States, see the Who May Adopt, Be Adopted, or Place a Child for Adoption: Summary of State Laws (PDF - 302 KB) publication.
Who May Adopt
Citation: Rev. Stat. § 109.309
Any person may petition to adopt as long as at least one party in the proceeding is a resident of Oregon.
Who May Be Adopted
Citation: Rev. Stat. § 109.309
The following persons may be adopted:
A minor child
An adult
Who May Place a Child for Adoption
Citation: Rev. Stat. § 109.309
A child may be placed for adoption by:
A parent
A relative or other person
A licensed adoption agency
Fighting Child Protective Services False Accusations
.
