71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 586
 
                         Senate Bill 125
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Joint Interim Judiciary
  Committee for Adoption subcommittee of Family Law section of
  Oregon State Bar)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Requires notice be given birth parents of right to paid
counseling in certain adoptions. Requires that adoptive parents
pay uninsured costs of counseling. Establishes qualifications for
persons eligible to provide counseling.
 
                        A BILL FOR AN ACT
Relating to adoption counseling.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + (1) Except as provided in subsection (5) of
this section, 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.
  (2) 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 final
decree 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.
  (3) The prospective adoptive parent shall pay all uninsured
costs of the adoption-related counseling required by this
section, provided the counseling is received within one year of
the date of surrender or relinquishment of the child for
adoption.
  (4) Adoption-related counseling under this section, unless
otherwise agreed to by the prospective adoptive parent and the
consenting birth parent, shall be provided by:
  (a) A social worker employed by an Oregon licensed adoption
agency other than the social worker assigned to the prospective
adoptive parent;
  (b) A social worker, counselor or therapist who is working
under the supervision of a licensed clinical social worker or a
licensed professional counselor and who is knowledgeable about
birth parent, adoption and grief and loss issues; or
  (c) A social worker, counselor or therapist who:
  (A) Has a graduate degree in social work, counseling or
psychology; and
  (B) Is knowledgeable about birth parent, adoption and grief and
loss issues.
  (5) The requirements of this section do not apply to:
  (a) An adoption where a birth parent relinquishes parental
rights to the State Office for Services to Children and Families;
  (b) An adoption where one parent retains parental rights;
  (c) An adoption where the child is born in a foreign country
and adopted under the laws of that country or readopted in
Oregon;
  (d) An adoption where the child is born in a foreign country
and subsequently adopted in Oregon and where the identity or
whereabouts of the child's birth parents are unknown; or
  (e) The adoption of an adult.
  (6) Failure to provide the notice required by this section is
not grounds for setting aside an adoption decree or for
revocation of a written consent to an adoption or a certificate
of irrevocability. + }
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