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 3376
 
                           B-Engrossed
 
                         Senate Bill 713
                   Ordered by the House May 30
 Including Senate Amendments dated March 21 and House Amendments
                          dated May 30
 
Sponsored by Senator CASTILLO; Representatives BARNHART, V WALKER
  (at the request of Holt International Children's Services)
 
 
                             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.
 
  Exempts international adoptions from restrictions on disclosure
of confidential information when requested by adult adoptee. { +
Requires notice of right to adoption-related counseling for birth
parent consenting to adoption. Requires prospective adoptive
parent to pay uninsured costs of specified adoption-related
counseling. + }
 
                        A BILL FOR AN ACT
Relating to adoptions; creating new provisions; and amending ORS
  109.440.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 109.440 is amended to read:
  109.440.  { + (1) + } A person or agency   { - shall - }
 { + may + } not disclose any confidential information relating
to an adoption except as provided in  { + subsection (2) of this
section and + } ORS 109.425 and 109.435 to 109.507 or pursuant to
a court order.
   { +  (2) The provisions of subsection (1) of this section do
not apply when confidential information relating to an
international adoption is requested by the adult adoptee. + }
  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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