72nd OREGON LEGISLATIVE ASSEMBLY--2003 Regular Session
 
SA to SB 38
 
LC 468/SB 38-1
 
                      SENATE AMENDMENTS TO
                         SENATE BILL 38
 
                    By COMMITTEE ON JUDICIARY
 
                            April 23
 
  On page 1 of the printed bill, line 2, after the first
semicolon delete the rest of the line and line 3 and insert '
amending ORS 109.309, 109.311 and 109.332.'.
  Delete lines 5 through 31 and pages 2 and 3.
  On page 4, delete lines 1 through 22 and insert:
  '  { +  SECTION 1. + } ORS 109.309 is amended to read:
  ' 109.309. (1) Any person may petition the circuit court for
leave to adopt another person and, if desired, for a change of
the other person's name. One petitioner, the child, one parent or
the person { + , who is not an adoption agency, + } consenting to
the adoption as required under ORS 109.312 (1) must be a resident
of this state. As used in this subsection, 'resident' means a
person who has resided in this state continuously for a period of
six months prior to the date of the petition.
  ' (2)  { + Except as provided in subsection (3) of this
section, + } when the petition is for the adoption of a minor
child, the adoption shall be governed by the Uniform Child
Custody Jurisdiction and Enforcement Act, ORS 109.701 to 109.834.
  '  { +  (3)(a) Notwithstanding ORS 109.741 and 109.744, a court
of this state has jurisdiction over the adoption of a minor child
if, immediately prior to the filing of a petition for adoption:
  ' (A) The minor child resided in this state for at least six
consecutive months including periods of temporary absence;
  ' (B) One parent or another person, who is not an adoption
agency, consenting to the adoption as required under ORS 109.312
(1) resided in this state for at least six consecutive months
including periods of temporary absence;
  ' (C) The prospective adoptive parent resided in this state for
at least six consecutive months including periods of temporary
absence and substantial evidence is available in this state
concerning the present or future care of the minor child;
  ' (D) It appears that no court of another state would have
jurisdiction under circumstances substantially in accordance with
subparagraphs (A) to (C) of this paragraph; or
  ' (E) A court of another state has declined to exercise
jurisdiction on the grounds that this state is a more appropriate
forum to hear a petition for adoption of the minor child and it
is in the best interests of the minor child that a court of this
state assume jurisdiction.
  ' (b) As used in paragraph (a) of this subsection, 'periods of
temporary absence' means periods of absence of not more than a
total of 30 days in the prior six consecutive months. + }
  '  { - (3) - }   { + (4) + } The petition to adopt a person 18
years of age or older may be filed in the county where the
petitioner, the person to be adopted or the person who consents
to the adoption resides.
  '  { - (4) - }   { + (5) + } In a petition to adopt a minor
child, venue shall lie in the Oregon county with which the child
has the most significant connection or in the Oregon county in
which the licensed adoption agency is located.
  '  { - (5)(a) - }   { + (6)(a) + } When the petition is for the
adoption of a minor child, the petitioner shall also file at the
time of filing the petition:
  ' (A) A written statement containing the full names and
permanent addresses of:
  ' (i) The petitioners;
  ' (ii) All persons whose consent to the adoption is required
under ORS 109.312 when such names are either known or may be
readily ascertained by the petitioners; and
  ' (iii) The Oregon licensed adoption agency, if any, or the
relative or person that privately placed the child for adoption.
  ' (B) The documents demonstrating consent under ORS 109.312 to
the adoption of the minor child.
  ' (C) Written evidence documenting a current home study that
has been approved by either the Department of Human Services or
an Oregon licensed adoption agency submitted for the purpose of
demonstrating that the petitioners meet the minimum standards for
adoptive homes as set forth in the department's administrative
rules.
  ' (b) A relative who qualifies under the department
administrative rules for a waiver of the department's home study
requirements described in paragraph (a)(C) of this subsection may
file the request for waiver along with the petition for adoption.
  ' (c) The department, upon request by the petitioner, may waive
the home study requirements described in paragraph (a)(C) of this
subsection in an adoption in which one of the child's biological
or adoptive parents retains parental rights. The department shall
waive post-placement reports in an adoption in which one of the
child's biological or adoptive parents retains parental rights.
  '  { - (6)(a) - }   { + (7)(a) + } The petitioner shall cause
copies of the documents required to be filed with the court under
subsection
  { - (5) - }   { + (6) + } of this section to be served upon the
Director of Human Services, by either registered or certified
mail with return receipt or personal service, within 30 days
after the documents have been filed with the court.
  ' (b) In the case of an adoption described in subsection
  { - (5)(c) - }   { + (6)(c) + } of this section, the petition
shall also be served by either registered or certified mail with
return receipt or personal service:
  ' (A) On all persons whose consent to the adoption is required
under ORS 109.312 unless the person's written consent is filed
with the court; and
  ' (B) On the parents of the party whose parental rights would
be terminated, if the names and addresses are known or may be
readily ascertained by the petitioners. Service required by this
subparagraph may be waived by the court for good cause.
  ' (c) The court   { - shall - }   { + may + } not rule upon the
petition until at least 90 days after the date that the documents
were served upon the director. However, the department may waive
the 90-day period.
  '  { - (7)(a) - }   { + (8)(a) + } Within 90 days of the
service on the director, the department shall investigate and
file for the consideration of the judge before whom the petition
for adoption is pending a placement report containing information
regarding the status of the child and evidence concerning the
suitability of the proposed adoption. The department may
designate an Oregon licensed adoption agency to investigate and
report to the court. If the department designates an Oregon
licensed adoption agency to investigate and report to the court,
the department shall make the designation and provide all
necessary information and materials to the Oregon licensed
adoption agency no later than 30 days after the service on the
director. However, the department may waive the placement report
requirement.
 
  ' (b) Upon receipt of a written request by the petitioner's
attorney, the department shall furnish to that attorney copies of
any information that the department has filed with the court.
  ' (c) The department may charge the petitioner a fee for
investigating a proposed non-agency adoption and preparing the
home study report described in subsection   { - (5)(a)(C) - }
 { + (6)(a)(C) + } of this section and the placement report
described in paragraph (a) of this subsection. The petitioner
shall report the fee amount to the court. The court granting the
adoption shall make a finding as to whether the fee is necessary
and reasonable. Any fee charged
  { - shall - }   { + may + } not exceed reasonable costs for
investigation, home study and placement report preparation. The
department shall prescribe by rule the procedure for computing
the investigation, home study and placement report preparation
fee. The rules shall provide a waiver of either part or all of
the fee based upon the petitioner's ability to pay.
  '  { - (8) - }   { + (9) + } The amounts of any fees collected
under subsection   { - (7) - }   { + (8) + } of this section are
continuously appropriated to the department for use in preparing
the home study and placement reports required under subsections
 { - (5)(a)(C) and (7)(a) - }   { + (6)(a)(C) and (8)(a) + } of
this section.
  '  { - (9)(a) - }   { + (10)(a) + } Except as provided in
paragraph (b) of this subsection, a court   { - shall - }
 { + may + } not grant a decree for the adoption of a minor child
unless the petitioners have filed with the court the documents
described in subsections   { - (5) and (7)(a) - }  { + (6) and
(8)(a) + } of this section.
  ' (b) A person   { - shall not be - }   { + is not + } required
to file a home study or a placement report with the court when
the department has granted the person a waiver under department
rules.
  '  { - (10) - }   { + (11) + } The adoption shall comply with
the Indian Child Welfare Act (25 U.S.C. 1901 et seq.), if
applicable. Every adoption petition involving the Indian Child
Welfare Act shall include the following:
  ' (a) A statement of the efforts to notify the appropriate
Indian tribe or tribes of the adoption; and
  ' (b) A statement of the efforts to comply with the placement
preferences of the Indian Child Welfare Act (25 U.S.C. 1901 et
seq.) or the placement preferences of the appropriate Indian
tribe.'.
  In line 23, delete '5' and insert '2'.
  On page 5, line 2, delete '(4)(a)(C)' and insert ' (6)(a)(C)'.
  In line 12, delete '6' and insert '3'.
  In line 14, delete '(5)' and insert '(7)'.
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