71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to A-Eng. SB 713
 
LC 3376/SB 713-A5
 
                       HOUSE AMENDMENTS TO
                   A-ENGROSSED SENATE BILL 713
 
                    By COMMITTEE ON JUDICIARY
 
                             May 30
 
  In line 2 of the printed A-engrossed bill, after the semicolon
insert 'creating new provisions; and'.
  After line 9, insert:
  '  { +  SECTION 2. + }  { + (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 in which a birth parent relinquishes parental
rights to the State Office for Services to Children and Families;
  ' (b) An adoption in which one parent retains parental rights;
  ' (c) An adoption in which the child is born in a foreign
country and adopted under the laws of that country or readopted
in Oregon;
  ' (d) An adoption in which the child is born in a foreign
country and subsequently adopted in Oregon and in which the
identity or whereabouts of the child's birth parents are unknown;
or
  ' (e) An adoption of an adult.
  ' (6) Failure to provide the notice required by this section or
failure to pay the uninsured costs of adoption-related counseling
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. + }
  '  { +  SECTION 3. + }  { + A birth parent aggrieved by the
failure of a prospective adoptive parent or adoptive parent to
pay the uninsured costs of adoption-related counseling required
by section 2 of this 2001 Act may file a civil action in circuit
court for payment or reimbursement of the uninsured costs of
adoption-related counseling. The court shall award reasonable
attorney fees and costs of the action to a prevailing birth
parent. + } ' .
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