Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 130 - POST ADOPTION SERVICES
Section 413-130-0125 - Review, Adjustment, Suspension, Expiration, and Termination of Adoption Assistance
Current through Register Vol. 63, No. 12, December 1, 2024
(1) The Department may review an adoption assistance agreement and request updated information from the pre-adoptive family or the adoptive family when the Department:
(2) Department review of an adoption assistance agreement may result in a renegotiation, suspension, adjustment or termination of the adoption assistance agreement or adoption assistance payments.
(3) The Department may suspend adoption assistance payments upon ten (10) calendar days written notice to the pre-adoptive family or adoptive family when the Department is unable to establish contact with the pre-adoptive family or adoptive family and
(4) Adoption assistance may be adjusted at any time by mutual agreement between the pre-adoptive family or adoptive family and the Department.
(5) When the adoptive family divorces, legally separates, or is party to a judicially recognized modification of custody, the Department may request updated information, including financial information, to reflect the change in family circumstances.
(6) When there is an across-the-board reduction or increase in the base rate payment or level of care payment that the child or young adult would be eligible to receive if the child or young adult were in foster care, the Department may, after a case-by-case review and without concurrence of the adoptive family, adjust the adoption assistance payment to an amount that does not exceed the new foster care payment the child or young adult would receive if currently in foster care, as follows:
(7) If, upon review under section (1) of this rule or an adjustment under section (6) of this rule, the Department intends to adjust an adoption assistance payment without the concurrence of the pre-adoptive family or adoptive family, the Department will provide the pre-adoptive family or adoptive family with written notice as described in OAR 413-010-0500 to 413-010-0535.
(8) Unless terminated under sections (9) or (10) of this rule, the adoption assistance agreement and the Department's obligation to provide adoption assistance expires automatically on the date any of the following events occur:
(9) Adoption assistance may be suspended at any time by mutual agreement between the Department and the pre-adoptive family or adoptive family.
(10) After a review and on a case-by-case basis, the Department may terminate an adoption assistance agreement upon ten calendar days written notice to the pre-adoptive family or adoptive family when the Department determines that:
Statutory/Other Authority: ORS 418.005, ORS 418.340 & ORS 409.050
Statutes/Other Implemented: ORS 418.005, ORS 418.340, ORS 418.330 & ORS 418.335