Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 130 - POST ADOPTION SERVICES
Section 413-130-0020 - Special Needs Determination for Adoption Assistance Eligibility
Universal Citation: OR Admin Rules 413-130-0020
Current through Register Vol. 63, No. 12, December 1, 2024
(1) In order to be eligible for adoption assistance, funded through either federal or state funds, a child must be determined to have special needs.
(2) The Department must make the determination that the child has special needs under each of the following subsections:
(a) The child cannot or should
not be returned to the home of his or her parent or parents. This decision is
based on one of the following:
(A) An order
from a court of competent jurisdiction terminating parental rights.
(B) The existence of a petition for
termination of parental rights.
(C)
A voluntary relinquishment of parental rights for a child under the
jurisdiction of the court, in the custody of the Department or in a subsequent
adoption when there was an adoption assistance agreement in place during the
prior adoption.
(D) A voluntary
relinquishment of parental rights and a judicial determination that remaining
in the home of a specified relative as defined in OAR 413-100-0000 would be
contrary to the welfare of the child. The request for the judicial
determination must be filed within six months of the time the child last lived
with the specified relative.
(E)
For a child who can be adopted in accordance with state or tribal law without a
termination of parental rights or voluntary relinquishment of parental rights,
the valid reason why the child cannot or should not be returned to the home of
his or her parents.
(F) In the case
of a child whose parent or parents are deceased, verification of the death of
the parent or parents.
(G) For a
child who is being adopted by the current
guardian who is receiving guardianship assistance from the
Department, the guardianship order must state that the child can not be
returned to a parent.
(b) The child has at least one of the
following factors or conditions that make adoptive placement difficult to
achieve:
(A) A documented medical, physical,
mental or emotional condition, or other clinically diagnosed disability, or a
documented history of abuse or neglect or other identified predisposing factor
that places the child at significant risk for future problems that need
treatment;
(B) Is a member of a
sibling group that will be placed together and is difficult to place because
there are three or more children, or if in a sibling group of two, at least one
of the children is six years of age or older;
(C) Is a member of an ethnic, racial or
cultural minority (such as African American, Hispanic, Asian, Indian or Pacific
Islander); or
(D) Is eight years of
age or older.
(c) A
reasonable but unsuccessful effort to place the child with an appropriate
adoptive family for adoption without adoption assistance has been made, unless
such an effort is not in the best interest of the child for reasons including
placement with a relative or another person with whom the child has an
established significant relationship.
Statutory/Other Authority: ORS 418.005, ORS 418.340 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 418.330, ORS 418.335 & ORS 418.340
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