Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 120 - ADOPTION
Section 413-120-0925 - Adoption of a Child Emigrating from the United States (Outgoing Convention Adoption)
Universal Citation: OR Admin Rules 413-120-0925
Current through Register Vol. 63, No. 9, September 1, 2024
(1) The Department may pursue an outgoing Convention adoption provided that:
(a) It is in the best interest of the
child;
(b) The child has not been
abducted, sold, or trafficked in connection with the adoption; and
(c) The prospective adoptive parent meets all
of the following requirements:
(A) Is one of
the following:
(i) A relative as described in
OAR 413-120-0000(64)(a)(A), (B) or (C);
(ii) A relative as described in OAR
413-120-0000(64)(b)(A) or (G); or
(iii) An individual with a relationship to
the child or young adult's half-sibling through the half-sibling's legal or
biological father or mother as described in subparagraph (i) or (ii) of this
paragraph for the purpose of placing the half-siblings together.
(B) Has been assessed, approved,
and trained; and
(C) Has been
determined able and willing to permanently provide for the safety, well-being,
and special needs of the child.
(2) An outgoing Convention adoption may involve a child who meets the requirements of one of the following subsections:
(a) The child is, or is eligible to become,
a:
(A) United States citizen;
(B) Legal United States resident;
or
(C) Dual United States and
foreign citizen.
(b) The
child is undocumented, but the foreign authorized entity of the child's birth
country has determined that the Convention applies to the adoption.
(3) Adoption planning for a child that may be the subject of an outgoing Convention adoption must comply with other Department rules, including Child Welfare polices: I-AB.4 "CPS Assessment", OAR 413-015-0400 to 413-015-0485; I-F.2 "Determining the Appropriateness of Adoption as a Permanency Plan for a Child", OAR 413-110-0300 to 413-110-0360; I-E.1.1 "Search for and Engagement of Relatives", OAR 413-070-0060 to 413-070-0087; I-F.6 "Sibling Adoption Placement Planning", OAR 413-110-0100 to 413-110-0150; I-G.1.2 Identification and Consideration of Potential Adoptive Resources", OAR 413-120-0700 to 413-120-0760; I-G.1.5 "Adoption Placement Selection", OAR 413-120-0000 to 413-120-0060; and I-G.1.10 "Supervision and Support of an Adoptive Placement", OAR 413-120-0800 to 413-120-0880.
(4) Before a child may be placed in a prospective adoptive home in another Convention country the Department must meet the requirements of each of the following subsections:
(a) Make a written determination that the
child is eligible for adoption, that an outgoing Convention adoption is in the
child's best interests, and that placement with the prospective adoptive
parents is in the best interests of the child.
(b) Complete or obtain a written child
background study that includes information about the child's identity;
upbringing; adoptability; ethnic, religious, and cultural background; social
environment; family history; personal medical history; family medical history;
and special needs.
(c) Determine
that the prospective adoptive parents meet the requirements of paragraph
(1)(c)(A) of this rule and document that determination.
(d) Work with the foreign authorized entity
in the receiving Convention country to determine whether the prospective
adoptive parents are suitable, qualified, and eligible to adopt the child. To
do so the Department must meet the requirements in each of following
paragraphs:
(A) Provide a copy of the child's
background study to the foreign authorized entity in the receiving Convention
country.
(B) Obtain from the
foreign authorized entity a comprehensive home study on the prospective
adoptive parents that is prepared in accordance with the laws of the receiving
country; meets the standards established by the Department using the
Department's Hague Home Study template; addresses the capacity of the
prospective adoptive parents to meet the child's safety, permanency and
well-being needs; and includes all of the following:
(i) Information on the prospective adoptive
parents, including: identity, eligibility and suitability to adopt, background,
family and medical history, social environment, reasons for adoption, ability
to undertake an inter-country adoption, and the characteristics of a child for
whom they would be qualified to care;
(ii) Confirmation that a foreign authorized
entity has determined that the prospective adoptive parents are eligible and
suitable to adopt and has ensured that the prospective adoptive parents have
been counseled as necessary;
(iii)
The results of a criminal background check; and
(iv) Information from competent references
for the prospective adoptive parents.
(C) Obtain written confirmation from the
foreign authorized entity that the prospective adoptive parents have completed
a minimum of 10 hours of Department-approved training that includes training on
all of the following:
(i) The effects of
physical, emotional, and sexual abuse and neglect on a child;
(ii) The effects of drugs and alcohol on a
child;
(iii) The effects of
relocating a child and transition issues;
(iv) The significance of the birth family,
include grief and loss issues;
(v)
Openness in adoption;
(vi)
Attachment process and attachment difficulties;
(vii) Positive behavior management;
and
(viii) The specific needs of
the child to be adopted by the prospective adoptive parents.
(D) Provide notice to the foreign
authorized entity studying the prospective adoptive family and providing
required training to the prospective adoptive parents that the Department does
not condone the use of corporal punishment.
(E) Obtain from the foreign authorized entity
a written, signed Supervision Agreement using the approved Department form that
describes the responsibilities of the Department and foreign authorized entity
with regard to the child's placement with the prospective adoptive parents and
includes each of the following:
(i)
Requirements for face-to-face visits with the child and the prospective
adoptive parents at least every 30 days. These meetings must occur in the
prospective adoptive home at least once every 60 days.
(ii) Requirements for face-to-face visits in
the prospective adoptive home with other individuals living in the home who can
provide information about the child's safety and well-being, as well as any
concerns with the placement.
(iii)
Requirements for contact at least once every 30 days with professional persons
who have established a relationship to the child who can provide collateral
observations regarding the child's functioning and the adoptive
placement.
(iv) Minimum standards
for written reports to be provided every 90 days on contacts with the child,
prospective adoptive family, other family members, and collateral
contacts.
(v) Confirmation that the
child will be authorized to enter and reside in the receiving country
permanently or on the same basis as the prospective adoptive parents.
(vi) Confirmation that the foreign authorized
entity consents to the adoption of the child by the prospective adoptive
family.
(vii) Confirmation that the
foreign authorized entity agrees that the child's adoption by the prospective
adoptive family may proceed.
(e) After the child is fully free for
adoption, establish proof of citizenship for the child and apply for applicable
passports.
(f) Submit to the
foreign authorized entity written confirmation of the reasons the Department
determined that the proposed adoptive placement is in the best interests of the
child.
(g) Establish a direct means
for the child's collateral contacts in the receiving Convention country to
communicate any health or safety concerns about the child to the
Department.
(h) Counsel and inform
the child, as appropriate in light of the child's age and maturity, of the
effects of the adoption, consider the child's views regarding the adoption, and
document the discussion and how the child's views were considered.
(i) If the child's consent to the adoption is
required, counsel and inform the child about the effects of granting consent,
obtain written consent from the child in a manner that assures the consent is
given freely and without any inducement by compensation of any kind, and
document the discussion.
(j)
Determine whether the receiving Convention country requires a Hague custody
declaration prior to placement of the child in the home of the prospective
adoptive parents, and, if required, apply for and obtain a Hague custody
declaration from the U.S. State Department, as provided in OAR
413-120-0970.
(k) Assure that the
child's move to the receiving Convention country will be made under secure and
appropriate circumstances and in the company of the child's prospective
adoptive parents, caseworker, or with another adult.
(5) Following completion of all of requirements in section (4) of this rule and prior to the child traveling to the receiving Convention country for placement with the prospective adoptive parents, the Department must obtain an order from the court that makes findings:
(a) In support of an application
for a Hague adoption certificate;
(b) That the prospective adoptive placement
is in the best interests of the child;
(c) Authorizing the child to travel to the
foreign country for placement with the prospective adoptive parents;
and
(d) Authorizing release of the
court order for purposes of affecting the child's
placement.
Statutory/Other Authority: ORS 418.005, ORS 417.262 & ORS 417.265
Statutes/Other Implemented: ORS 418.005, ORS 417.262 & ORS 417.265
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