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 468
Senate Bill 38
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Joint Interim Committee on
Judiciary for the Oregon State Bar Adoption Subcommittee)
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.
Specifies circumstances giving Oregon courts jurisdiction in
adoption proceedings.
A BILL FOR AN ACT
Relating to adoption; creating new provisions; and amending ORS
109.309, 109.311, 109.332 and 109.707.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + Section 2 of this 2003 Act is added to and made
a part of ORS 109.305 to 109.410. + }
SECTION 2. { + (1) Except as provided in subsections (2) and
(3) of this section, a court of this state has jurisdiction over
a proceeding for the adoption of a minor if:
(a) Immediately prior to the filing of a petition for adoption:
(A) The parent, guardian, prospective adoptive parent or
another person acting as a parent lived in this state with the
minor for at least six consecutive months, excluding periods of
temporary absence, or, in the case of a minor under six months of
age, the minor lived in this state from soon after birth with a
parent, guardian, prospective adoptive parent or another person
acting as a parent and substantial evidence is available in this
state concerning the present or future care of the minor;
(B) One parent or another person consenting to the adoption
under ORS 109.312 lived in this state for at least six
consecutive months, excluding periods of temporary absence; or
(C) The prospective adoptive parent lived in this state for at
least six consecutive months, excluding periods of temporary
absence, and substantial evidence is available in this state
concerning the present or future care of the minor.
(b) The agency that placed the minor for adoption is located in
this state and it is in the best interests of the minor that a
court of this state assume jurisdiction because:
(A) The minor and the minor's parents or the minor and the
prospective adoptive parent have a significant connection to this
state; and
(B) Substantial evidence is available in this state concerning
the present or future care of the minor.
(c) The minor and the prospective adoptive parent are
physically present in this state and the minor has been
abandoned, or it is necessary in an emergency to protect the
minor because the minor has been subjected to or threatened with
mistreatment or abuse or is otherwise neglected.
(d) It appears that no court of another state would have
jurisdiction under circumstances substantially in accordance with
paragraphs (a) to (c) of this subsection, or if 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 and it is in the best
interests of the minor that a court of this state assume
jurisdiction.
(2) A court of this state may not exercise jurisdiction over a
proceeding for the adoption of a minor if, at the time the
petition for adoption is filed, a proceeding concerning custody
or adoption of the minor is pending in a court of another state
that is exercising jurisdiction substantially in conformity with
the Uniform Child Custody Jurisdiction Act, the Uniform Child
Custody Jurisdiction and Enforcement Act or the Uniform Adoption
Act, unless the pending proceeding is stayed by the court of the
other state on the grounds that this state is a more appropriate
forum or for another reason.
(3) If a court of another state has issued a judgment, decree
or other order concerning the custody of a minor who may be the
subject of an adoption proceeding in this state, a court of this
state may not exercise jurisdiction over a proceeding for
adoption unless the court finds that:
(a) The court of the other state does not have continuing
jurisdiction to modify the judgment, decree or other order under
jurisdictional prerequisites substantially in accordance with the
Uniform Child Custody Jurisdiction Act or the Uniform Child
Custody Jurisdiction and Enforcement Act or has declined to
assume jurisdiction to modify the judgment, decree or other
order; or
(b) The court of the other state does not have jurisdiction
over a proceeding for adoption substantially in accordance with
subsection (1)(a) to (c) of this section or has declined to
assume jurisdiction over a proceeding for adoption and a court of
this state has jurisdiction under this section over the
proceeding for adoption. + }
SECTION 3. ORS 109.309 is amended to read:
109.309. (1) { - Any - } { + A + }person { + over whom a
circuit court has jurisdiction under section 2 of this 2003 Act
+ }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
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) 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) - } { + (2) + } 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) - } { + (3) + } 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) - } { + (4)(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) - } { + (5)(a) + } The petitioner shall cause
copies of the documents required to be filed with the court under
subsection
{ - (5) - } { + (4) + } 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) - } { + (4)(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) - } { + (6)(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) - }
{ + (4)(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) - } { + (7) + } The amounts of any fees collected
under subsection
{ - (7) - } { + (6) + } 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) - } { + (4)(a)(C) + } and
{ - (7)(a) - } { + (6)(a) + } of this section.
{ - (9)(a) - } { + (8)(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) - } { + (4) + } and
{ - (7)(a) - } { + (6)(a) + } of this section.
(b) A person { - shall - } { + is + } not { - be - }
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) - } { + (9) + } 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.
SECTION 4. ORS 109.707 is amended to read:
109.707. ORS 109.701 to 109.834 do not govern { + :
(1) + } A proceeding pertaining to the authorization of
emergency medical care for a child { + ; or
(2) An adoption proceeding except for the provisions relating
to information that must be submitted to a court under ORS
109.767 (1)(b) + }.
SECTION 5. ORS 109.311 is amended to read:
109.311. (1) Each adoption petition filed pursuant to ORS
109.309 seeking adoption of a minor child shall be accompanied by
a written disclosure statement containing an itemized accounting
of all moneys paid or estimated to be paid by the petitioner for
fees, costs and expenses related to the adoption, including all
legal, medical, living and travel expenses. The form of the
disclosure statement shall be prescribed by the Department of
Human Services after consultation with approved Oregon licensed
adoption agencies.
(2) No court shall grant a decree for an adoption of a minor
child in the absence of a placement report by the department or
an Oregon licensed adoption agency unless the filing of such
report has been waived by the department. No court shall grant a
decree for an adoption of a minor child in the absence of a
written disclosure statement as described in subsection (1) of
this section or in the absence of a verified statement by the
petitioner that, to the best of the petitioner's knowledge, no
charges, except those reported in the disclosure statement, have
been or will be paid in connection with the adoption.
(3) No person shall charge, accept or pay or offer to charge,
accept or pay a fee for locating a minor child for adoption or
for locating another person to adopt a minor child, except that
Oregon licensed adoption agencies licensed under ORS chapter 418
may charge reasonable fees for services provided by them.
(4)(a) It is unlawful for any person to advertise:
(A) A child offered or wanted for adoption; or
(B) That the person is able to place, locate, dispose of or
receive a child for adoption.
(b) The provisions of paragraph (a) of this subsection do not
apply to:
(A) The department or a licensed Oregon adoption agency or an
agent, employee or person with whom the department or adoption
agency has a contract authorizing such actions; or
(B) A person who has completed a home study as required by ORS
109.309 { - (5)(a)(C) - } { + (4)(a)(C) + } and has received
a favorable recommendation regarding the fitness of the person to
be an adoptive parent or the person's attorney or uncompensated
agent. A written declaration by the person who prepared the home
study is sufficient verification of compliance with this
subparagraph. The person's attorney must be licensed to practice
in Oregon.
(c) Nothing in this subsection prohibits an attorney licensed
to practice in Oregon from advertising the attorney's
availability to provide services related to the adoption of
children.
(d) As used in this subsection, unless the context requires
otherwise, 'advertise' means to communicate by newspaper, radio,
television, handbills, placards or other print, broadcast or
electronic medium that originates within this state.
SECTION 6. ORS 109.332 is amended to read:
109.332. (1) When a petition has been filed under ORS 109.309
concerning the adoption by a stepparent of a child, a grandparent
served with a copy of the petition under ORS 109.309
{ - (6) - } { + (5) + } may file a motion with the court
asking the court to award a grandparent the right to regular
visitation with the child after the adoption. A motion under this
subsection must be filed no later than 30 days after service of
the petition.
(2) The court shall award a grandparent visitation rights only
if the court finds by clear and convincing evidence that:
(a) Establishing visitation rights is in the best interests of
the child;
(b) A substantial relationship existed prior to the adoption
between the child and the grandparent seeking visitation rights;
and
(c) Establishing visitation rights does not substantially
interfere with the relationship between the child and the
adoptive family.
(3) In a stepparent adoption, a grandparent whose visitation
rights were terminated as a result of the adoption prior to
August 23, 1993, may petition to have the visitation rights
restored. The petition must be filed within one year after August
23, 1993. The court shall restore the visitation rights, unless
the court finds that restoration of visitation rights is not in
the best interests of the child.
(4) As used in this section, 'grandparent' includes a
grandparent who has established custody, visitation or other
rights under ORS 109.119.
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