Current through Register Vol. 63, No. 9, September 1, 2024
When a child or sibling group has a permanency plan of
adoption, the Department uses one of the three options below to make an
adoption placement selection:
(1)
Selection by Caseworker. After considering the input from the child's team and
following consultation with the supervisor, the caseworker may make the
adoption placement selection for a child or sibling group using the process in
OAR 413-120-0021 when the requirements of at least one of the following is met:
(a) Pursuant to OAR 413-115-0090(3), if the
child being considered for adoption alone or as part of a sibling group is an
Indian child, and there is a single potential adoptive resource who:
(A) Has been identified as the placement
preference through tribal resolution;
(B) Complies with the placement preference
order prescribed by the ICWA and OAR 413-115-0090(3)(c); or
(C) Has been identified as the placement
preference by the court through a good cause order as required by the ICWA and
OAR 413-115-0090(3)(c).
(b) The child is identified as a refugee
child and the adoption placement selection complies with OAR 413-070-0300 to
413-070-0380.
(c) A relative of the
child or sibling group is being considered alone as the potential adoptive
resource unless subsections (c), (d), or (e) of section (3) of this rule apply.
Prior to making a selection, ensure the Department has conducted a diligent
search and there is no other identified relative who has expressed an interest
in, or who is being assessed as a potential adoptive resource and there is no
current caretaker who has expressed an interest in, or who is being assessed,
as a potential adoptive resource.
(d) A current caretaker of the child or
sibling group is being considered alone as a potential adoptive resource unless
subsection (c), (d), or (e) of section (3) of this rule applies. Prior to
making a selection, ensure the Department has conducted a diligent search and
there is no relative who has expressed an interest in, or who is being assessed
as, a potential adoptive resource, and there is no other current caretaker who
has expressed an interest, or who is being assessed, as a potential adoptive
resource.
(e) The child is under
six years of age with no extraordinary needs and each potential adoptive
resource is a general applicant, unless subsection (d) of section (2) of this
rule or subsection (c), (d), or (e) of section (3) of this rule applies. Prior
to making a selection, ensure the Department has conducted a diligent search
and there is no relative who has expressed an interest in, or who is being
assessed as, a potential adoptive resource, and there is no current caretaker
who has expressed an interest, or who is being assessed, as a potential
adoptive resource.
(2)
Local Adoption Committee and ADS. The local adoption committee recommends an
adoptive resource and the ADS makes the adoption placement selection when
section (3) of this rule does not apply and at least one of the following
applies:
(a) The child is six years of age or
older.
(b) The child has
extraordinary needs.
(c) A sibling
group is being placed together for the purpose of adoption and each potential
adoptive resource is a general applicant.
(d) The identified potential adoptive
resources include the child's current foster parent, who is not a current
caretaker, being considered as a general applicant with other general
applicants.
(3) Central
Office Adoption Committee and ADS. The central office adoption committee
recommends an adoptive resource, and the ADS makes the adoption placement
selection when one of the following applies:
(a) The potential adoptive resources include:
(A) More than one relative as defined in OAR
413-120-0000(64)(a)-(c);
(B) A
relative as defined in OAR 413-120-0000(64)(a)-(d) and a current caretaker;
or
(C) A relative, as defined in
OAR 413-120-0000(64)(d) for whom an exception to the order of preference has
been granted under OAR 413-120-0760.
(b) The potential adoptive resources include
more than one current caretaker being considered for siblings who will be
placed together in adoption.
(c) A
DHS staff member is a potential adoptive resource, and the requirements of the
DHS-060-002, "Conflict of Interest Policy" and the "Conflict of Interest Policy
Addendum for CAF Employees" apply.
(d) A non-DHS staff member with a potential
conflict of interest with the Department is a potential adoptive
resource.
(e) The potential
adoptive resource is an individual living outside of the United
States.
(4) The
caseworker, following consultation with the supervisor, may request that the
adoption placement selection be made by an ADS following an adoption committee
recommendation based on the complexities or dynamics of a case. The request
must be approved by:
(a) The Child Welfare
Program Manager or designee for the use of a local adoption committee rather
than a caseworker selection; or
(b)
The Child Permanency Program Manager, Assistant Child Permanency Program
Manager, or designee for the use of a central office adoption committee rather
than a local adoption committee.
Policies referenced are available from the
agency.
Statutory/Other Authority: ORS
418.005
Statutes/Other Implemented: ORS
418.005,
ORS
418.280,
ORS
418.285 & ORS
419B.192
