Oregon Administrative Rules
Chapter 419 - OFFICE OF TRAINING, INVESTIGATIONS AND SAFETY
Division 420 - ADOPTION AGENCIES
Section 419-420-0080 - Services for Birth Parents Considering Domestic Adoption
Universal Citation: OR Admin Rules 419-420-0080
Current through Register Vol. 63, No. 9, September 1, 2024
(1) If an adoption agency is serving a birth parent who is considering the adoption of his or her child:
(a) The adoption agency must provide
the services described in these rules, OAR 419-420-0010 to
419-420-0160.
(b) If the adoption
agency is serving a birth parent who lives in a state other than Oregon, the
adoption agency must make the services described in these rules (OAR
419-420-0010 to 419-420-0160) available to the birth parent in the state of
residence of the birth parent.
(2) Information.
(a) The adoption agency must make reasonable
efforts to provide information described in subsection (2)(c) of this rule to
each legal parent.
(b) The adoption
agency must make reasonable efforts to provide information described in
subsection (2)(c) of this rule to a putative father if:
(A) The putative father resided with the
child within 60 days of the court proceeding about the adoption or custody of
the child;
(B) The putative father
repeatedly contributed or tried to contribute to the support of the child
within 12 months of the court proceeding about the adoption or custody of the
child; or
(C) There is a notice of
initiation of filiation proceedings on file with the Center for Health
Statistics of the Department prior to the initiation of either a court
proceeding about the adoption or custody of the child, or the placement of the
child in the physical custody of a person for the purpose of adoption by them.
There is no requirement to provide information under this paragraph if the
notice of initiation of filiation proceedings was not on file at the time of
placement.
(c) The
adoption agency must provide all of the following information to the persons
identified in subsections (2)(a) and (2)(b) this section:
(A) Information regarding support and
resources needed to parent a child.
(B) Information regarding options within
adoption and the consequences of each option, including the possibility of a
birth parent continuing contact with the adopted child and the adopting parents
after adoption, the variables and options for such continuing contact, the
desire of the child for continuing contact, and the availability of mediation
to resolve issues involving contact.
(C) Information regarding grief and loss
inherent in adoption.
(D)
Information regarding the effects and permanence of adoption.
(E) Information regarding availability of or
referral to appropriate support services. The availability of these services
may not be made contingent upon the birth parent's decision to select adoption
as the plan for the child.
(3) The adoption agency must provide guidance if a child's birth parents disagree with each other about the adoption plan.
(4) Identification of birth fathers. If the adoption agency is working with a birth mother, the adoption agency must ensure all of the following:
(a)
The adoption agency asks the birth mother for the identity and whereabouts of
the birth father.
(b) The adoption
agency does not counsel or advise a birth mother to state that the identity or
location of the father is unknown.
(c) If the birth mother indicates that the
identity or location of the father is unknown, or if the birth mother refuses
to identify the birth father, the adoption agency advises her of the potential
ramifications of her knowing failure to provide the information.
(d) The adoption agency must contact the
Center for Health Statistics of the Department within a reasonable period of
time prior to placement to determine whether the child's legal or putative
father can be identified.
(e) The
adoption file of the adoption agency includes all reported information about
the legal or putative father, even if his identity or location is unknown to
the mother.
(5) Disclosures prior to placement:
(a) Potential
disclosure of parental identity. The adoption agency must tell each birth
parent who is contemplating making their child available for adoption that
information related to their identities may subsequently be disclosed to the
child in accordance with Oregon law.
(b) Voluntary adoption registry. As required
by ORS 109.353, the adoption agency
must inform each birth parent of the voluntary adoption registry established
under ORS 109.450.
(c) Adoption-related counseling for birth
parents. As required by ORS
109.346, the adoption agency
must provide notice to each birth parent consenting to an adoption regarding
his or her right to adoption-related counseling.
(6) Consent and surrender. The adoption agency may accept the voluntary consent and surrender of a child after taking all of the following actions:
(a) Providing to
each birth parent full and accurate information, and the opportunity to discuss
the consequences of the documents they are signing.
(b) Discussing with each birth parent the
circumstances leading to the decision to choose adoption.
(c) Informing each birth parent of their
right to their own legal counsel at their own expense.
(d) Providing each birth parent with written
information to assist them in understanding the changes that result from
adoption in their parental legal rights, obligations, and responsibilities,
including potential ramifications of post-placement establishment of
paternity.
(e) After the birth of
the child, reassessing the birth mother's ability to understand the
consequences of her decision to sign a consent and surrender document. This
assessment must include consideration of her emotional state and current
influence of medication.
(f) In the
case of an Indian child, informing the parents that if no different order of
preference has been established by the child's tribe for adoptive placement,
the adoption agency must, in the absence of the court's determination that good
cause to the contrary exists, give preference to placing the child with a
member of the child's extended family, other members of the Indian child's
tribe, or other Indian families, pursuant to the ICWA.
(g) Informing the birth parent that the
adoption agency cannot honor a request of the birth parent to place the child
with a family based solely on preferred race, color, or national origin.
However, if the child is an Indian child, the licensed agency must follow the
ICWA.
(7) Documents. The adoption agency must provide a copy of all documents signed by the birth parents to the birth parents at the time they sign a consent and surrender document.
Statutory/Other Authority: ORS 409.050, ORS 418.005 & ORS 418.240
Statutes/Other Implemented: ORS 418.205 - 418.310, ORS 109.346, ORS 109.353 & ORS 109.096
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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