75th OREGON LEGISLATIVE ASSEMBLY--2009 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 3720
A-Engrossed
House Bill 3471
Ordered by the House April 28
Including House Amendments dated April 28
Sponsored by Representatives HUNT, TOMEI, Senators COURTNEY,
MONNES ANDERSON
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.
Requires Department of Human Services to { - enter into
agreement or arrangement - } { + work + } with United States
Department of State to { - be authorized to perform Central
Authority functions under - } { + implement requirements of + }
Convention on Protection of Children and Co-operation in Respect
of Intercountry Adoption { - in Oregon - } { + for purposes
relating to adoption of foreign children + }.
Requires Department of Human Services to develop certain
minimum requirements in cooperation with foreign authorized
entity for Convention adoptions.
Becomes operative July 1, 2010.
Declares emergency, effective on passage.
A BILL FOR AN ACT
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) 'Central Authority' means the entity designated by any
Convention country as such under Article 6(1) of the Convention
or, in the case of the United States, the United States
Department of State.
(b) 'Central Authority function' means any duty required to be
carried out by a Central Authority under the Convention or by an
entity authorized to perform Central Authority functions under
the Convention.
(c) '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.
(d) '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.
(e) 'Convention country' means a country that is a party to the
Convention and with which the Convention is in force for the
United States.
(f) 'Foreign authorized entity' means a foreign Central
Authority or foreign entity authorized to perform Central
Authority functions, other than a United States authorized
entity, in a Convention adoption case.
(g) 'Intercountry Adoption Act of 2000' means the Intercountry
Adoption Act of 2000, 42 U.S.C. 14901 et seq.
(h) 'Outgoing Convention adoption' means a Convention adoption
of a child in the custody of the Department of Human Services by
an individual residing in a Convention country when, in
connection with the adoption, the child has moved or will be
moving from the United States to the Convention country.
(2) The Department of Human Services shall work with the United
States Department of State to implement the Convention
requirements for Convention adoptions.
(3) To the extent consistent with the Convention and the
Intercountry Adoption Act of 2000, the rules, policies and
procedures adopted by the Department of Human Services under this
section must provide that the Department of Human Services shall,
in cooperation with a foreign authorized entity of another
Convention country:
(a) Develop minimum requirements for the placement and
supervision of a child who is the subject of an outgoing
Convention adoption.
(b) Require the exchange and provision of appropriate written
reports, including but not limited to background and home
studies, between the Department of Human Services and the foreign
authorized entity as necessary to meet the requirements developed
under paragraph (a) of this subsection.
(c) Establish minimum requirements regarding visits:
(A) To the prospective adoptive parent's home;
(B) With the child;
(C) With the prospective adoptive parents;
(D) With other persons living in the prospective adoptive
parents' home; and
(E) With other persons who may have information about the
child's adoptive placement. + }
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 in Oregon 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. + }
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