Chapter 435 Oregon Laws 2009

AN ACT

SB 10

Relating to intercountry adoptions of children in custody of the Department of Human Services; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. (1) As used in this section:

          (a) “Convention” means the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, concluded May 29, 1993, and entered into force for the United States on April 1, 2008.

          (b) “Convention adoption” means the adoption of a child resident in a Convention country by a United States citizen, or the adoption of a child resident in the United States by an individual residing in a Convention country when, in connection with the adoption, the child has moved or will move between the United States and the Convention country.

          (c) “Convention country” means a country that is a party to the Convention and with which the Convention is in force for the United States.

          (d) “Intercountry Adoption Act of 2000” means the Intercountry Adoption Act of 2000, 42 U.S.C. 14901 et seq.

          (2) To the extent consistent with the Convention and the Intercountry Adoption Act of 2000, the Department of Human Services shall establish rules, policies and procedures to implement the Convention, the Intercountry Adoption Act of 2000 and any applicable federal laws or regulations governing Convention adoptions with respect to any child who is the subject of a Convention adoption, if the child is in the department’s custody pursuant to a court order under ORS 418.015 or ORS chapter 419B or 419C or other law of this state.

SECTION 2. (1) Section 1 of this 2009 Act applies to Convention adoptions, as defined in section 1 of this 2009 Act, pending or initiated on or after the operative date of section 1 of this 2009 Act.

          (2) Section 1 of this 2009 Act becomes operative on July 1, 2010.

SECTION 3. The Department of Human Services may take any action before the operative date specified in section 2 of this 2009 Act that is necessary to enable the department to establish the rules, policies and procedures required by section 1 of this 2009 Act on or after the operative date specified in section 2 of this 2009 Act.

SECTION 4. This 2009 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2009 Act takes effect on its passage.

Approved by the Governor June 23, 2009

Filed in the office of Secretary of State June 23, 2009

Effective date June 23, 2009

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