Oregon Administrative Rules
Chapter 413 - DEPARTMENT OF HUMAN SERVICES, CHILD WELFARE PROGRAMS
Division 40 - CASE MANAGEMENT - SERVICE PLANS
Section 413-040-0282 - Independent and Private Agency Adoptions; Documentation Required for Placement in or from Oregon
Universal Citation: OR Admin Rules 413-040-0282
Current through Register Vol. 63, No. 12, December 1, 2024
(1) When a child is placed out of or into Oregon by a sending agency, including a parent or a private licensed agency, for purposes of adoption, the ICPC applies. Independent and private agency adoption referrals are processed as soon as practicable after receipt by the ICPC office of the complete compact placement referral.
(2) Referrals for independent and private agency adoptive placement covered by the Compact must be sent to the Oregon ICPC office, after the birth of the child, and must contain the following:
(a) Cover
letter;
(b) Form 100A;
(c) Forms 246, 246A, and 246B, or the
equivalent from another state;
(d)
The consents and surrenders required by law, signed after the birth of the
child;
(e) If the biological or
legal father has not signed a consent and surrender, an affidavit from the
child's mother regarding the biological father and, if the legal father is not
the biological father, regarding the legal father;
(f) Documentation regarding all known facts
about each legal or putative father. If the mother has stated that the identity
or whereabouts of the father is unknown, documentation regarding what advice
and information the mother was given and the reason why the father's identity
or whereabouts are unknown to the mother;
(g) Written verification that the birth
parent was given notice of the right to payment for adoption-related counseling
pursuant to ORS
109.346,
if it is an Oregon birth mother or if the adoption is being finalized in
Oregon;
(h) Written verification
that the birth and adoptive parent(s) have been advised about the Oregon
Voluntary Adoption Registry if the adoption will be finalized in
Oregon;
(i) A legal risk statement
signed by the adoptive family that acknowledges that the child is not legally
free for adoption and that there is a risk of having the child removed from the
home. This statement is required when one of the biological or legal parents
has not signed a consent and surrender;
(j) For placements made by a private adoption
agency, a copy of the sending agency's license or certification;
(k) A statement regarding the applicability
of the ICWA;
(l) If the child is an
Indian child, the parental consents for adoption must comply with the
ICWA;
(m) Medical information
regarding the child; and
(n) The
completed home study. An update must be included if the study was completed
more than one year from the date the ICPC referral is made.
Statutory/Other Authority: ORS 418.005
Statutes/Other Implemented: ORS 417.200 - 417.260
Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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