Current through Register Vol. 63, No. 12, December 1, 2024
(1) Except to the
extent provided otherwise in section (2) of this rule, to be approved to adopt
a child in the legal custody of the Department, an individual must complete all
of the following:
(a) Have an adoption home
study recommending the applicant as a potential adoptive resource written,
amended, or updated within the 12 months prior to the adoption placement
selection, completed by:
(A) The Department
under OAR 413-200-0301 to 413-200-0396;
(B) An Oregon licensed private agency for an
Oregon resident when the home study is prepared by a private agency for an
Oregon resident under OAR 413-215-0401 to 413-215-0481;
(C) An out-of-state agency under OAR
413-040-0200 to 413-040-0330; or
(D) An agency in another country under OAR
413-120-0900 to 413-120-0970.
(b) Meet the Department's standards for
adoptive homes by demonstrating the knowledge, skills, and ability to meet,
without agency oversight, the current and lifelong needs of the child for all
of the following:
(A) Physical and emotional
safety, attachment and well-being;
(B) Developing and maintaining safe,
long-term connections and contact with the child's family, siblings, relatives
and caregivers known to the child or ward and others with whom the child or
ward has developed an emotional attachment;
(C) Continuity and familiarity;
(D) Appropriate social, educational,
developmental, emotional, and physical support;
(E) Integration into the family;
(F) Stability and permanency; and
(G) Maintaining his or her identity,
cultural, religious, and spiritual heritage.
(c) Provide evidence of successful completion
of a training program approved by the Department, unless the Adoption Program
Manager has approved an alternate training program.
(2) In the case of an individual or
individuals residing in a state that does not complete an adoption home study
prior to a child being placed with the individual or individuals or prior to
the child being legally free for adoption:
(a) The Child Permanency Program may approve
a foster home study or a relative study as an adoption home study for the
purpose of adoption placement selection only as long as all other requirements
of subsections (1)(a), (b), and (c) of this rule are met.
(b) An approved adoption home study must be
completed prior to designation of the child's placement for the purpose of
adoption.
(3) Release of
an adoption home study. An adoption home study is considered confidential
information and, when released under this rule must have a signed, valid
release of information from each applicant who is a subject of the adoption
home study.
(a) The Department may release a
copy of the adoption home study to:
(A) An
adoption applicant who is a subject of the adoption home study;
(B) Individuals involved in the adoption
placement selection process, under OAR 413-120-0021 and 413-120-0035;
(C) The court for the purposes of finalizing
an adoption; and
(D) A public
agency upon the written request of an applicant who is a subject of the
adoption home study.
(b)
A Child Welfare Program Manager must approve the release of an adoption home
study requested for a purpose other than those listed in subsection (a) of this
rule.
(c) An individual receiving a
copy of an adoption home study must keep the information contained therein
confidential.
(d) Before releasing
an adoption home study, the Department must redact or summarize information,
when necessary, to prevent the identification of individuals, other than the
applicants, who provided information for the adoption home study.
(e) When an agency or entity other than the
Department completes the adoption home study, the Department must receive
approval from the agency or entity that completed the adoption home study
before release.
Statutes/Other Implemented: ORS
418.005, ORS
418.280 & ORS
418.285
