Chapter 160 Oregon Laws 1999

Session Law

AN ACT

HB 2298

Relating to adoption; amending ORS 109.309 and 109.353.

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

SECTION 1. ORS 109.353 is amended to read:

109.353. Before a final decree of adoption is entered, the agency or organization facilitating the adoption, or the attorney for the adoptive parents in an independent adoption, shall submit verification to the court that the [birth] parents of the child and the petitioners have been advised of the voluntary adoption registry established under ORS 109.450 and have been given information on how to access those services. The court may waive this requirement upon a finding of good cause.

SECTION 2. 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 [or one birth] 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)(a) Except as provided in paragraph (b) of this subsection [and subsections (1) and (3) of this section as they relate to residency], when the petition is for the adoption of a minor child, the adoption shall be governed by the Uniform Child Custody Jurisdiction Act, ORS 109.700 to 109.930.

(b) The joinder provision of the Uniform Child Custody Jurisdiction Act, ORS 109.800, does not apply.

(3) 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) 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) 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 State Office for Services to Children and Families 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 office's administrative rules.

(b) A relative who qualifies under the State Office for Services to Children and Families administrative rules for a waiver of the office'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 State Office for Services to Children and Families, 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 office shall waive post-placement reports in an adoption in which one of the child's biological or adoptive parents retains parental rights.

(6)(a) The petitioner shall cause copies of the documents required to be filed with the court under subsection (5) of this section to be served upon the Assistant Director for Services to Children and Families, 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) 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 not rule upon the petition until at least 90 days after the date that the documents were served upon the assistant director. However, the office may waive the 90-day period.

(7)(a) Within 90 days of the service on the assistant director, the State Office for Services to Children and Families 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 office may designate an Oregon licensed adoption agency to investigate and report to the court. If the office designates an Oregon licensed adoption agency to investigate and report to the court, the office 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 assistant director. However, the office may waive the placement report requirement.

(b) Upon receipt of a written request by the petitioner's attorney, the office shall furnish to that attorney copies of any information that the office has filed with the court.

(c) The office 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) 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 not exceed reasonable costs for investigation, home study and placement report preparation. The office 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) The amounts of any fees collected under subsection (7) of this section are continuously appropriated to the State Office for Services to Children and Families for use in preparing the home study and placement reports required under subsections (5)(a)(C) and (7)(a) of this section.

(9)(a) Except as provided in paragraph (b) of this subsection, a court shall 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) of this section.

(b) A person shall not be required to file a home study or a placement report with the court when the State Office for Services to Children and Families has granted the person a waiver under office rules.

(10) 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.

Approved by the Governor May 3, 1999

Filed in the office of Secretary of State May 3, 1999

Effective date October 23, 1999

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