72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
HA to HB 3338
LC 2288/HB 3338-3
HOUSE AMENDMENTS TO
HOUSE BILL 3338
By COMMITTEE ON JUDICIARY
May 9
In line 2 of the printed bill, after '109.324' insert ',
109.329 and 125.150'.
In line 5, after 'child' delete the rest of the line.
In line 6, delete the boldfaced material.
In line 7, restore the bracketed material.
In line 12, restore the bracketed material.
In lines 16 through 18, restore the bracketed material and
delete the boldfaced material.
Delete lines 19 through 23 and insert:
' (3) In determining whether the parent has willfully deserted
the child or neglected without just and sufficient cause to
provide proper care and maintenance for the child, the court may
consider, among other factors the court finds relevant, whether
the custodial parent has attempted, without good cause shown, to
prevent or to impede contact between the child and the parent
whose parental rights would be terminated in an action under this
section.'.
Delete lines 26 through 28 and insert:
' { + SECTION 2. + } ORS 109.329 is amended to read:
' 109.329. { - If the person to be adopted is legally married
or is 18 years of age or older, the written consent of the person
to be adopted may be held by the court to be sufficient without
the necessity for the consent of any other person to the
adoption. - } { + (1) Subject to subsection (2) of this section,
any person may petition the circuit court for leave to adopt a
person who is 18 years of age or older or who is legally married.
The petition shall be accompanied by the written consent of each
petitioner and the written consent of the person to be adopted.
The written consents shall be filed with the petition.
' (2) In addition to the written consents required under
subsection (1) of this section, an adoption of a person who is 18
years of age or older or who is legally married is governed by
the following:
' (a) One petitioner or the person to be adopted must have
resided in this state continuously for a period of six months
prior to the filing of the petition; and
' (b) The petition must be filed in the county in which one
petitioner or the person to be adopted resides.
' (3) The court may grant the petition if the court finds, from
the allegations set forth in the petition and an attached
affidavit, that each petitioner:
' (a) Understands the significance and ramifications of the
adoption; and
' (b) Is not acting under duress, coercion or undue influence.
' (4) In a proceeding under this section, the court may:
' (a) Appoint counsel for each petitioner or for the person to
be adopted or both or appoint a visitor, as provided in ORS
125.150. If the court appoints counsel or a visitor or both under
this paragraph, the court shall apportion the costs among each
petitioner and the person being adopted.
' (b) Hold a hearing.
' (c) On the court's own motion, take testimony from or hold a
conference with each petitioner and the person to be adopted.
The court may hold a conference with one party and exclude the
other party from the conference. In such a case, the court shall
allow the attorney for the excluded party to attend the
conference.
' (d) Require that notice of the proceeding be provided by each
petitioner to any or all of the following:
' (A) The spouse of each petitioner.
' (B) A person cohabiting with a petitioner who is interested
in the affairs and welfare of the petitioner.
' (C) The adult children of each petitioner.
' (5) If, upon a petition for adoption presented and consented
to in writing by each petitioner and the person to be adopted,
the court is satisfied as to the identity and relations of each
petitioner and the person to be adopted, that each petitioner
understands the significance and ramifications of the adoption,
that each petitioner is not acting under duress, coercion or
undue influence and that it is fit and proper that the adoption
be effected, a decree shall be made setting forth the facts and
ordering that from the date of the decree, the person to be
adopted, for all legal intents and purposes, is the child of the
petitioner or petitioners.
' (6) The provisions of ORS 109.308, 109.309, 109.342 and
109.353 do not apply to an adoption under this section. + }
' { + SECTION 3. + } ORS 125.150 is amended to read:
' 125.150. (1) The court shall appoint a visitor upon the
filing of a petition in a protective proceeding that seeks the
appointment of a guardian for an adult respondent or temporary
fiduciary who will exercise the powers of a guardian for an adult
respondent. The court may appoint a visitor in any other
protective proceeding { + or in a proceeding under ORS
109.329 + }.
' (2) A visitor may be an officer, employee or special
appointee of the court. The person appointed may not have any
personal interest in the proceedings. The person appointed must
have training or expertise adequate to allow the person to
appropriately evaluate the functional capacity and needs of a
respondent or protected person { + , or each petitioner and the
person to be adopted under ORS 109.329 + }. The court shall
provide a copy of the petition and other filings in the
proceedings that may be of assistance to the visitor.
' (3) A visitor appointed by the court under this section shall
interview a person nominated or appointed as fiduciary and the
respondent or protected person { + , or each petitioner and the
person to be adopted under ORS 109.329, + }at the place where
the respondent or protected person { + , or each petitioner or
the person to be adopted under ORS 109.329, + } is located.
Subject to any law relating to confidentiality, the visitor may
interview any physician or psychologist who has examined the
respondent or protected person { + , or each petitioner under ORS
109.329 + }, the person or officer of the institution having the
care, custody or control of the respondent or protected
person { + , or each petitioner under ORS 109.329, + } and any
other person who may have relevant information.
' { + SECTION 4. + } { + The amendments to ORS 109.324,
109.329 and 125.150 by sections 1, 2 and 3 of this 2003 Act apply
to petitions for adoption filed on or after the effective date of
this 2003 Act. + } ' .
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