72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 2288
 
                         House Bill 3338
 
Sponsored by COMMITTEE ON JUDICIARY
 
 
                             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.
 
  Modifies provisions relating to desertion by parent in adoption
proceedings.
 
                        A BILL FOR AN ACT
Relating to consent to adoption; creating new provisions; and
  amending ORS 109.324.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 109.324 is amended to read:
  109.324.  { + (1) + } If either parent is believed to have
willfully deserted { +  the child, as provided in subsection (3)
of this section, + } or neglected without just and sufficient
cause to provide proper care and maintenance for the child
 { - for one year next preceding the filing of the petition for
adoption - }  and such parent does not consent in writing to the
adoption, there shall be served upon such parent a citation in
accordance with ORS 109.330 to show cause why the adoption of the
child should not be decreed. Upon hearing being had, if the court
finds that such parent has willfully deserted  { + the child + }
or neglected without just and sufficient cause to provide proper
care and maintenance for the child   { - for one year next
preceding the filing of the petition for adoption, - }  the
consent of such parent at the discretion of the court is not
required and, if the court determines that such consent is not
required, the court   { - shall have authority to - }
 { + may + } proceed regardless of the objection of such parent.
   { +  (2) + } 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 disregard - }   { + shall consider
 + }incidental visitations,  { + written or telephonic + }
communications and contributions { +  that include gifts or
money + }.
   { +  (3)(a) The court, in a proceeding under subsection (1) of
this section, may find that a parent who has had no contact with
the child since the birth of the child has willfully deserted the
child.
  (b) A parent who has contacted the child only since learning
about the possible adoption proceeding has not willfully deserted
the child.
  (4) + } This section does not apply where consent is given in
loco parentis under ORS 109.316 or 109.318.
  SECTION 2.  { + The amendments to ORS 109.324 by section 1 of
this 2003 Act apply to petitions for adoption that have been
filed and are pending on the effective date of this 2003 Act and
to petitions for adoption filed on or after the effective date of
this 2003 Act. + }
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