DHS, Children, Adults and Families Division: Child Welfare Programs_413

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The Oregon Administrative Rules contain OARs filed through January 15, 2010

DEPARTMENT OF HUMAN SERVICES, CHILDREN, ADULTS AND FAMILIES DIVISION:
CHILD WELFARE PROGRAMS

DIVISION 130

POST ADOPTION SERVICES

Adoption Assistance

413-130-0000

Purpose

The purpose of these rules, OAR 413-130-0000 to 413-130-0130, is to describe the Department's responsibility to determine eligibility for adoption assistance for Oregon children. Adoption assistance for children placed into Oregon from another state is the responsibility of the sending state.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0010

Definitions

The following definitions apply to OAR 413-130-0000 to 413-130-0130:

(1) "Adoption assistance" means financial assistance and medical coverage granted to an adoptive family or pre-adoptive family, on behalf of an eligible adoptive child, to offset the costs associated with adopting and meeting the on-going needs of the child. Adoption assistance may include cash payments, medical coverage, an Agreement Only, reimbursement of nonrecurring expenses, or special payments.

(2) "Adoption assistance agreement" means a written agreement, binding on the parties to the agreement, between the Department and the adoptive family or pre-adoptive family of a minor child.

(3) "Adoption assistance payment" means a payment paid by the Department to the adoptive family or pre-adoptive family on behalf of the adoptive child.

(4) "Adoption Assistance Review Committee" means a committee composed of local and central office staff who have expertise in the area of adoption.

(5) "Adoptive family" means a family that includes at least one child who joined the family through a legally finalized adoption.

(6) "Agreement Only" means a written agreement between the Department and the adoptive family or pre-adoptive family when there is no current need for adoption assistance benefits. An Agreement Only may be renegotiated at the request of the adoptive family as provided in OAR 413-130-0075, if a need arises prior to the child reaching 18 years of age.

(7) "CANS screening" means the Child and Adolescent Needs and Strength screening, a process of integrating information on a child or young adult's needs and strengths for the purposes of case planning, service planning, and determining the supervision needs of the child or young adult. The Department uses two versions of the CANS Comprehensive Screening Tool, one for an individual birth through five years old and another version for an individual six through twenty years old.

(8) "Certified family" means an individual or individuals who hold a current Certificate of Approval from the Department to provide care, in the home in which they reside, to a child or young adult in the care or custody of the Department.

(9) "Child" means a person under 18 years of age.

(10) "Department" means the Department of Human Services, Child Welfare.

(11) "Enhanced supervision" means the additional support, direction, observation, and guidance provided by a certified family to a child or young adult to promote and ensure the safety and well-being of a child or young adult, beyond the level of supervision that typically would be required for a child or young adult of the same age.

(12) "Legally free" means that, with respect to a child, the legal rights of all parents with legal standing have been judicially terminated, voluntarily relinquished, or otherwise terminated by operation of law, thus allowing for the child to be adopted.

(13) "Level of care" means the payment for enhanced supervision needs of a child or young adult to a certified family.

(14) "Licensed adoption agency" means an adoption agency licensed by the state of Oregon to place children for adoption, or an adoption agency that holds a license from another state and is authorized under the laws of that state to place children for adoption.

(15) "Medical coverage" means eligibility for medical services as provided through Medicaid in accordance with OAR 413-130-0100.

(16) "Nonrecurring expenses" mean a one-time payment up to $1,500, which the Department may pay to a pre-adoptive family to assist with the expenses incurred in legally finalizing the adoption of a special needs child as provided in OAR 413-130-0080. Nonrecurring adoption expenses are the reasonable and necessary adoption fees which may include the cost of a home study, court costs, attorney fees, physical and psychological examinations, travel to visit with the adoptive child prior to the placement, and other expenses which are related directly to the legal adoption of a child with special needs, are not incurred in violation of state or federal law, and have not been reimbursed from other sources or funds.

(17) "Payment" means cash assistance to an adoptive family or pre-adoptive family to meet the child's needs.

(18) "Pre-adoptive family" means an individual or individuals with a current Certificate of Approval to operate a home to provide care for a child placed by the Department for purposes of adoption.

(19) "Qualified alien" means, but is not limited to, permanent residents, asylees, and refugees under 8 USC 1641(b).

(20) "Qualified vendor attorney" means an attorney who has a price agreement with the Department to process the adoption of a child who is eligible for adoption assistance.

(21) "Sibling" means one of two or more children related:

(a) By blood or adoption through a common legal parent;

(b) Through the marriage of the children's legal or biological parents; or

(c) Through a legal or biological parent who is the registered domestic partner of the child's legal or biological parent.

(22) "Special payment" means a payment for unanticipated short-term costs which are directly related to the child's special needs or are essential to the welfare of the child, and are not covered by the adoptive family's insurance or by Medicaid as negotiated between the Department and the family.

(23) "Substitute care" means the out-of-home placement of a child or young adult who is in the legal or physical custody and care of the Department.

(24) "Tribe" means a federally recognized Indian tribe in Oregon with a Title IV-E agreement with the Department.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 23-2005(Temp), f. 12-30-05, cert. ef. 1-1-06; CWP 16-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0020

Eligibility for Adoption Assistance

A child in the custody of the Department, a tribe with a Title IV-E Agreement, or a licensed adoption agency in Oregon is eligible for adoption assistance when the requirements of all of the following sections are met:

(1) The state has determined that the child cannot or should not be returned to the home of his or her 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;

(d) For a child not under the jurisdiction of the court, a signed relinquishment and a subsequent court finding signed within six months of the date the child was last living with the parent that it would be contrary to the welfare of the child to return home at that time; or

(e) In the case of an orphan, verification of the death of the parent or parents.

(2) The Department determines the child has special needs, meaning the child has at least one of the following factors or conditions which make adoptive placement difficult to achieve:

(a) A documented medical, physical, mental, 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 risk for future problems that need treatment;

(b) Is a member of a sibling group which 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.

(3) A reasonable but unsuccessful effort to place the child with an appropriate adoptive family for adoption without assistance has been made, unless such effort is not in the best interests of the child.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0030

Eligibility for Nonrecurring Expenses

(1) Any child who meets the eligibility criteria for adoption assistance under OAR 413-130-0020 is eligible for reimbursement of nonrecurring expenses.

(2) A child being adopted by an Oregon resident who is not the responsibility of the Department or an Oregon licensed adoption agency also is eligible for reimbursement of nonrecurring expenses if all other eligibility requirements under OAR 413-130-0020 are met.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0040

Eligibility for Adoption Assistance Payments

(1) The Department makes efforts to establish Title IV-E eligibility under OAR 413-100-0335 for any child eligible for adoption assistance under OAR 413-130-0020. Licensed adoption agencies must make all requested efforts to assist the Department in establishing Title IV-E eligibility. A child eligible for an adoption assistance payment under OAR 413-130-0020 who is determined ineligible for Title IV-E, is eligible for state-funded adoption assistance.

(2) A child determined eligible for an adoption assistance payment with respect to a prior adoption who becomes available for adoption again and continues to meet the special needs criteria set forth in OAR 413-130-0020, is eligible for an adoption assistance payment in the subsequent adoption when:

(a) The prior adoption has been dissolved, and the parental rights of the adoptive parents have been terminated or relinquished; or

(b) The child's adoptive parents have died.

(3) In addition to the adoption assistance eligibility criteria under OAR 413-130-0020 and section (2) of this rule, a child must meet the following requirements, as applicable:

(a) For adoption through a licensed adoption agency, the child must have been placed voluntarily with the licensed adoption agency in out-of-home care in the month the voluntary agreement was signed.

(b) Judicial Determination Criteria. A "contrary to the welfare" or "best interest" ruling is not required for a child receiving SSI, or for a child whose eligibility is based on a foster care payment being made for the child's minor parent with whom the child is placed, while in foster care. For any other child, a judicial determination that it is "contrary to the welfare of the child to remain in the home" or is in the "best interest of the child to be removed from the home" must be contained in one of the following:

(A) The first court order of removal for a child removed by court order;

(B) A court order signed within six months of the month the child last lived with a specified relative if the child's removal was via parental relinquishment only. Documentation of the date of the signing of the court order is necessary; or

(C) A court order with a finding made within 180 days of the date that the child voluntarily entered care, and signed within six months of the date the child was last living with the parent.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 11-1999(Temp), f. & cert. ef. 6-3-99 thru 11-30-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0045

Child's Immigrant Status

(1) The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193, as amended, limited federal public benefits to qualified aliens. Adoption assistance under Title IV-E of the Act is considered a federal public benefit for the purposes of the PRWORA and, therefore, limited to U.S. citizens and qualified aliens.

(2) If a substitute caregiver or adoptive parent is not a qualified alien, a child who is otherwise eligible under section 473 of PRWORA must meet the five-year residency requirement to receive Title IV-E adoption assistance as Section 403 of PRWORA requires a qualified alien entering the United States on or after the date of enactment of PRWORA (August 22, 1996), unless excepted, to live in the United States for five years before becoming eligible for certain federal public benefits. In accordance with section 403(c)(2)(F) of PRWORA, however, a federal payment for adoption assistance is excluded from the five-year residency requirement if the child and the foster or adoptive parent with whom the child is placed are qualified aliens under OAR 413-130-0050.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0050

Availability of New Adoption Assistance and Adoption Assistance Payment Adjustments

(1) The availability of state funds governs the adoption assistance payments which may be obligated. If all available adoption assistance funds are obligated, the Department continues to accept and process new applications and requests for adjustments in adoption assistance payments and establishes a waiting list. Adoption assistance agreements are granted in the order of the date of approval as funds become available. For a new adoption assistance application, an adoptive family is offered the opportunity to sign an Agreement Only to prevent delay in finalizing the adoption.

(2) Substitute care payments end when adoption assistance payments begin. Medical coverage continues until the adoption assistance payment is negotiated, agreements are signed, and adoption assistance benefits begin. Medical coverage as provided by Medicaid may continue as an adoption assistance benefit when requested by the adoptive family or pre-adoptive family.

(3) When a child is legally free for adoption, the Department's local office staff completes the adoption assistance application with the pre-adoptive family and submits the application to the Adoption Program no later than 60 days from the date the pre-adoptive family is selected. No later than 60 days after receipt of the completed adoption assistance application, the Department's Adoption Program staff must begin negotiation of the adoption assistance agreement.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0060

Agreement Only

(1) An Agreement Only between the Department and the pre-adoptive family or adoptive family is signed when there is no current need for an adoption assistance payment or medical coverage, the adoptive family requests such an agreement, and the child is eligible for adoption assistance under OAR 413-130-0020.

(2) The Agreement Only becomes effective on the date the completed adoption assistance agreement is approved and signed by the Department, and automatically terminates when the child reaches 18 years of age.

(3) The adoptive family must make a written request to the Department to initiate any adoption assistance benefits subsequent to completing an Agreement Only. The adoptive family must provide documentation to the Department describing the child's need for services at the time an adoption assistance benefit is requested as provided in OAR 413-130-0075.

(4) The pre-adoptive family must notify the Department in writing if the family chooses not to accept any form of adoption assistance benefits, including an Agreement Only.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0070

Determination of the Adoption Assistance Payment

(1) The rate of a monthly adoption assistance payment must be negotiated between the Department and the pre-adoptive family, taking into consideration relevant factors which include, but are not limited to:

(a) The special needs of the child;

(b) The services required to meet the child's special needs;

(d) The family's ability to provide the required services to the child; and

(e) The resources available to the adoptive family and child in the community.

(2) The adoption assistance payment is negotiated prior to completion of the adoption assistance agreement. The adoption assistance payment may not exceed the foster care base rate the child would receive if he or she continued in substitute care plus, effective September 1, 2009, any applicable level of care payment for enhanced supervision as determined by a CANS screening.

(3) If a child under the age of eight years meets special needs status under OAR 413-130-0020(2) and has no documented medical, physical, mental, or emotional condition, or other clinically diagnosed disability, he or she receives an adoption assistance payment that may not exceed the foster care base rate the child would receive if he or she continued in substitute care, unless the pre-adoptive family enters into an Agreement Only.

(4) An initial adoption assistance payment begins when all of the following criteria are met:

(a) The child is legally free for adoption;

(b) The Department or licensed adoption agency has designated the pre-adoptive family as the designated adoptive placement;

(5) Medicaid coverage, private insurance, public education, and all community resources must be considered as resources for the child and the pre-adoptive family or adoptive family when determining the amount of an adoption assistance payment. A child's income from sources such as Social Security and Veterans benefits are considered in determining the adoption assistance payment, but are not necessarily deducted dollar for dollar from the amount of the adoption assistance payment.

(6) When adoptive parents divorce, legally separate, or are party to a judicially recognized modification of custody, the Department may request updated information, including financial information, to reflect the change in family circumstances.

(7) Within 30 days of receipt of a request from an adoptive parent for change of payee due to a divorce, legal separation, or other judicially recognized modification of custody, the Department must notify the other adoptive parent of the request. It is the responsibility of the requestor to provide the Department with the other adoptive parent's current address and telephone number. Failure to provide such information may cause a delay in processing the request. The adoptive parents have 60 days from the date the Department sends the notice to challenge the change of payee request. If the change of payee is challenged, the Department requires a valid legal document describing physical custody of the child. Any change of payee is determined based on legal documentation describing the physical custody of the child.

(8) An adoptive family who moves out-of-state continues to be eligible for adoption assistance benefits. Medical coverage for the child may change under OAR 413-130-0100.

(9) An adoption assistance payment may be retroactive to the date of the signed adoption assistance application if the child was legally free for adoption and in the designated adoptive placement on that date, and no foster care base rate, enhanced supervision, or personal care services payment was made for the same period.

(10) An adoption assistance payment is issued at the end of each month of eligibility.

(11) An adoption assistance payment made to an adoptive family by the Department is inalienable by any assignment or transfer and exempt from execution, levy, attachment, or garnishment under the laws of this state.

Stat. Auth.: ORS 418.005 & 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 23-2008, f. & cert. ef. 10-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0075

Renegotiation of an Adoption Assistance Payment

(1) An adoptive family may request an increase of an adoption assistance payment through the Department's adoption assistance coordinator. The request for renegotiation of adoption assistance must be made in writing by the adoptive family and be based on significant change in one or more of the relevant factors set forth in OAR 413-130-0070(1).

(2) Effective September 1, 2009, renegotiation may include the consideration of:

(a) The results of a CANS screening which is conducted prior to the renegotiation of adoption assistance when the adoptive family requests a payment higher than the child's foster care base rate; and

(b) The adoptive family demonstrates the child's physical, mental health, behavioral, or developmental needs have worsened or required escalated care and treatment.

(3) A renegotiated adoption assistance payment must be initiated pursuant to OAR 413-130-0070.

(4) A renegotiated adoption assistance payment may not exceed the total foster care base rate plus any applicable enhanced supervision payment that would be paid for the child in substitute care.

(5) When the adoption assistance payment is renegotiated, a new adoption assistance agreement with the revised adoption assistance payment must be signed by the adoptive family and the Department prior to a change in the payment.

(6) A renegotiated adoption assistance payment becomes effective on the first of the month in which the written request to renegotiate was received by the Department's Adoption Program. In no case may a renegotiated adoption assistance payment be paid for more than 12 retroactive months.

(7) If, after renegotiation, the adoptive family does not agree with the renegotiated adoption assistance payment amount, the adoptive family may appeal the decision as provided in OAR 413-130-0115.

Stat. Auth.: ORS 418.005, 418.340
Stats Implemented: ORS 418.330 - 418.340
Hist.: SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0080

Payment for Nonrecurring Expenses

(1) The Department may make a one-time payment of up to $1,500 to a pre-adoptive family for nonrecurring expenses to assist with the costs incurred in legally finalizing the adoption of a special needs child. Nonrecurring expenses for adoption are the reasonable and necessary adoption fees, court costs, attorney fees, mediation costs, and other expenses which are directly related to the legal adoption of a special needs child. Other nonrecurring expenses may include the cost of a home study, health and psychological examinations, travel to visit with the adoptive child prior to the placement, supervision of the placement prior to adoption, and other expenses which are directly related to the legal adoption of a child with special needs, which are not incurred in violation of State or Federal law.

(2) Payment for nonrecurring expenses may not duplicate expenses covered by the Interstate Compact for Placement of Children, a Department contract with a licensed adoption agency, or already covered by some other resource available to the adoptive family.

(3) Documentation of the nonrecurring expenses is required and must be submitted prior to execution of the adoption assistance agreement. The agreement, indicating the nature and amount of the nonrecurring expenses, must be signed prior to the final decree of adoption.

(4) The legal fees, when reimbursement is requested, are included in the nonrecurring expenses. It is the responsibility of the pre-adoptive family to choose a privately retained attorney or enter into a legal fees agreement with a qualified vendor attorney. The Department makes payment directly to the qualified vendor attorney after the adoption is finalized. For privately retained attorneys, the pre-adoptive family is responsible for payment, and after the adoption is finalized the Department will reimburse the family for reasonable charges. Reasonable charges are the current qualified vendor attorney rate, and only in extraordinary circumstances may a higher amount be considered.

(5) Payments for nonrecurring expenses are made when the Department receives the final decree of adoption.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 23-2005(Temp), f. 12-30-05, cert. ef. 1-1-06; CWP 16-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0090

Special Payments

A special payment may be approved in exceptional cases as negotiated between the Department and the adoptive family. The Department may authorize a special payment for a limited duration, subject to the Department's discretion and availability of resources. An adoptive family making a request for a special payment must make documentation available to the Department when requested. A special payment is made to the adoptive family who then is responsible to reimburse the provider for the services.

413-130-0100

Medical Assistance

(1) An adoptive child who meets the requirements of OAR 413-130-0020 is eligible for Medicaid coverage as provided by the Department of Human Services, Division of Medical Assistance Programs (DMAP) under the requirements of Oregon Health Plan.

(2) An adoptive child for whom Medicaid eligibility has been established is issued a medical identification card through DMAP. Payment for medical services will be in accordance with Department of Human Services administrative rules.

(3) Medical coverage for a Title IV E eligible child is provided by the medical assistance program in the state where the child resides:

(a) If the child is placed outside the adoptive home and is eligible for federal funding through Title IV E or SSI, the state in which the child resides will provide medical coverage in accordance with the rules of that state even if the adoptive family resides in a separate state.

(b) If the adoptive family moves to another state or the child is placed for adoption in a state other than Oregon, the Department provides the documentation necessary to assist the adoptive family to obtain Medicaid coverage.

(c) The Department provides written verification of the child's Title IV E eligibility to the appropriate coordinator of the adoption assistance program in the state where the adoptive family is residing to facilitate Medicaid medical coverage.

(4) Medical coverage for a child who is not eligible for Title IV E is provided by DMAP under the rules of the Oregon Health Plan. If the child is placed in another state, or the adoptive family moves from Oregon to another state, the child may continue to receive medical coverage from Oregon, except in those cases where the other state will provide the Medicaid coverage (see section (3) of this rule).

(5) An adoption assistance agreement must be signed by the adoptive family and the Department which documents that the child is eligible for adoption assistance, and that medical coverage has been requested.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0110

Administration of Approved Adoption Assistance

(1) It is the responsibility of Department and licensed adoption agency staff to:

(a) Notify or advise the pre-adoptive family of the availability of adoption assistance for an eligible child;

(b) Provide the pre-adoptive family with a copy of OAR 413-130-0000 to 413-130-0130; and

(2) A pre-adoptive family must submit a written application for adoption assistance to the Adoption Program through the family's respective Department local office worker or licensed adoption agency worker.

(3) A pre-adoptive family applying for adoption assistance must be approved by the respective licensed adoption agency as being a suitable adoptive family who meets all state standards including certification standards as provided in Child Welfare Policy I-G.1.1, "Current Caretaker Adoption" OAR 413-120-0500 to 413-120-0550.

(a) A licensed adoption agency recommending adoption assistance for an adoptive family is responsible to verify and document on the adoption assistance application that efforts were made to place the child without adoption assistance.

(b) The Department local office submitting an adoption assistance application must assure that the adoptive placement status has been approved by the Department's Adoption Program.

(4) Prior to the finalization of an adoption and issuance of any benefits, a written adoption assistance agreement must be completed that meets all of the following requirements. The agreement must :

(a) Be signed by each pre-adoptive parent and the Department.

(b) State the duration of the agreement.

(A) The amount of the adoption assistance monthly payment, if any; and

(B) The nature and amount of any other payments, services, and assistance to be provided, including nonrecurring expenses.

(d) State that the agreement remains in effect regardless of the state of residence of the pre-adoptive family or adoptive family and the child.

(e) State whether the child is to receive medical benefits, and specify the child's eligibility for Title XIX and Title XX.

(f) State that Oregon Law ORS 192.520 allows the Department of Human Services' Oregon Health Plan (OHP) and OHP managed care plans to exchange the following protected health information without authorization from the pre-adoptive or adoptive parent for the purpose of treatment activities related to behavioral or physical health:

(A) Name and Medicaid recipient number;

(B) Name of the hospital provider or attending physician;

(D) Diagnosis;

(E) Each date of service;

(F) Procedure or Revenue code;

(G) The quantity of units or services provided; and

(H) Information about prescription medication and monitoring.

(g) State that the pre-adoptive family or adoptive family has the right to a contested case hearing under Child Welfare Policy I-A.5.2, "Contested Cases" OAR 413-010-0500 to 413-010-0535 for any denial, reduction, or suspension of adoption assistance benefits.

(5) The initial effective date of the adoption assistance agreement is determined by the Department's Adoption Program, taking into consideration the request of the pre-adoptive family and the recommendations of the licensed adoption agency or the Department's local office. The effective date may not be prior to the completion of a signed adoption assistance application, and must be effective no later than the date the adoption is finalized.

(6) Annually, the Department's Adoption Program sends a letter to adoptive families requiring assurance that each child receiving a Title IV-E or non-IV-E adoption assistance payment is a full-time elementary or secondary school student, or is incapable of attending school due to a documented medical condition.

(7) No adoption assistance may be provided to an adoptive parent if the adoptive parent is no longer legally and financially responsible for the support of the child, or the child is no longer receiving support from the adoptive parent. An adoptive parent is considered no longer legally responsible for the support of a child when parental rights have been terminated or when the child becomes an emancipated minor, marries, or enlists in the military.

(8) In the case of an adopted child who becomes legally free for adoption due to the adoptive parent or parents' relinquishment of the child, the termination of the adoptive parent or parents' parental rights to the child, or the death of the adoptive parent or parents, the determination of eligibility of the adopted child for adoption assistance remains based on the eligibility of the child as if the child were in the same financial and other circumstances the child was in the last time the child was determined eligible for adoption assistance benefits. The child must meet special needs criteria under OAR 413-130-0020 at the time the child again becomes available for adoption. (This rule is intended to meet the requirements of Sec. 473 (a)(2)(C) of the Social Security Act, 42 USC 673.)

(9) If a child receiving adoption assistance benefits is placed in substitute care, adoption assistance benefits may be adjusted, continued, or suspended. If the adoptive family is involved in the child's treatment, and the plan is for the child to return home, the family may ask to have the adoption assistance suspended, continued, or adjusted to reflect current expenses. The Department may suspend, continue, or adjust adoption assistance benefits to reflect current expenses. When the child returns to the care of the adoptive family, adoption assistance benefits may be reviewed upon request by the adoptive family.

(10) An adoptive family must immediately inform the Department's Adoption Program when a change in circumstances indicates that there is no longer a need for adoption assistance as provided in OAR 413-130-0110(7).

(11) The Department may terminate the adoption assistance agreement upon 30 days written notice to the adoptive family when the child is no longer in the home, and the adoptive family is no longer providing support for the child.

(12) An adoption assistance agreement automatically terminates, as required by Oregon law, when the child is 18 years old.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef 5-17-99; SOSCF 11-1999(Temp), f. & cert. ef. 6-3-99 thru 11-30-99; SOSCF 22-1999, f. & cert. ef. 11-24-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2006, f. 6-30-06, cert. ef. 7-1-06; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0115

Adoption Assistance Review Committee and Appeals Procedure

(1) The Adoption Assistance Review Committee serves as a consultation and review body for the adoption assistance program.

(a) Adoption Program staff may refer unusual or exceptionally costly benefit requests to the Adoption Assistance Review Committee for consultation; or

(b) If, during negotiations of adoption assistance benefits, Adoption Program staff and the adoptive family or pre-adoptive family are unable to reach agreement, the matter may be referred to the Adoption Assistance Review Committee for review at the request of either Adoption Program staff or the adoptive family or pre-adoptive family.

(2) The adoptive family or pre-adoptive family and the assigned caseworker must provide written documentation for the Committee's consideration.

(3) The caseworker for the pre-adoptive family may participate in an Adoption Assistance Review Committee meeting by phone.

(4) The Adoption Assistance Review Committee reviews relevant materials and provides a recommendation regarding level of benefits to the Department's adoption assistance coordinator. The Adoption Assistance Review Committee takes into consideration the special needs of the child and the financial circumstances of the adoptive family or pre-adoptive family.

(5) If the adoptive family or pre-adoptive family is unsatisfied with the adoption assistance offer made by the Adoption Assistance Review Committee, the family may request further review by the Department's Adoption Program Manager.

(6) Requests for further review must be made in writing and received by the Department's Adoption Program Manager within 14 days from the date of the Adoption Assistance Review Committee recommendation.

(7) The Adoption Program Manager reviews the material and makes a decision within 60 days from the date of the Adoption Assistance Review Committee recommendation.

(8) After receipt of the Adoption Program Manager's decision, the adoptive family or pre-adoptive family may request a contested case hearing as provided in Child Welfare Policy I-A.5.2, "Contested Case Hearings" OAR 413-010-0500 to 413-010-0535.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0125

Budgetary Reductions of Adoption Assistance

Once a child is adopted and determined to be eligible for adoption assistance, an adoption assistance payment may not be adjusted without the agreement of the adoptive family, except as provided under OAR 413-130-0110(7), (11), and (12).

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: CWP 16-2003, f. 1-21-03, cert. ef. 2-1-03; CWP 38-2003(Temp), f. & cert. ef. 11-19-03 thru 5-17-04; CWP 4-2004, f. & cert. ef. 4-1-04; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

413-130-0130

Post Finalization Applications for Adoption Assistance

After the adoption has been finalized:

(1) An adoptive family may request the opportunity to apply for adoption assistance based on the following extenuating circumstances:

(a) Relevant facts regarding the child, the biological family, or child's background were known, but not shared with the adoptive family prior to legal finalization of the adoption;

(b) Adoption assistance was denied based on an assessment of the financial need of the adoptive family;

(c) The Department determined the child was ineligible for adoption assistance, but information becomes known which indicates it would be appropriate to review this determination; or

(d) The Department failed to advise the adoptive family of a special needs child of the availability of adoption assistance.

(2) An adoptive family must submit a written request to the Department's adoption assistance coordinator indicating the desire to apply for adoption assistance after an adoption has been legally finalized.

(3) Upon receipt of the written request, the Department determines, within thirty days, whether the child meets Title IV E eligibility requirements.

(4) When an adoptive family requests that the Department provide historic information regarding the child to determine eligibility for adoption assistance, the Department may obtain non-identifying genetic, social, and health history information as provided by ORS 109.425 through 109.507. In addition, the Department may request a court order to review the sealed adoption file.

(5) If the Department determines that a child meets Title IV E eligibility requirements, federal policy requires a contested case hearing be held before the state may provide adoption assistance benefits:

(a) The Department's adoption assistance coordinator must write a summary of the situation and submit a hearing referral and appropriate documentation to the Office of Administrative Hearings within 45 days of receipt of the request for a contested case hearing.

(b) An adoptive family has the burden of proof to show that extenuating circumstances exist. The Department may provide corroborating facts to both the adoptive family and the administrative law judge.

(c) The contested case hearing is conducted under Child Welfare Policy I-A.5.2, "Contested Case Hearings" OAR 413-010-0500 to 413-010-0535.

(d) If the contested case hearing decision finds that extenuating circumstances exist, an adoption assistance application may be signed, effective the date of the contested case hearing request.

(6) If the Department determines that a child does not meet Title IV E eligibility requirements, the Department's adoption assistance coordinator must prepare information for the Adoption Program Manager's review including information submitted by the adoptive family and information from Department records. The Adoption Program Manager decides if extenuating circumstances under section (1) of this rule exist which justify accepting an adoption assistance application from the adoptive family.

(a) A written finding will be sent to the adoptive family within 30 days.

(b) If the Adoption Program Manager finds that extenuating circumstances do not exist, the adoptive family may request a contested case hearing under Child Welfare Policy I-A.5.2, "Contested Case Hearings" OAR 413-010-0500 to 413-010-0535. The administrative law judge in such a hearing reviews whether extenuating circumstances exist so that the adoptive family may submit an application for adoption assistance. Whether the adoption assistance application is approved is a separate determination by the Department.

(7) If the decision, through a contested case hearing or Adoption Program Manager review, is that the adoptive family is eligible to apply for adoption assistance on behalf of the child, and the adoption assistance application results in the award of adoption assistance:

(a) The adoption assistance payments (in the form of a one time lump sum payment) may not be retroactive for more than 12 months from the date of the signed adoption assistance application; and

(b) If after negotiation, the adoptive family does not agree with the amount negotiated, the family may appeal the decision under Child Welfare Policy I-A.5.2, "Contested Case Hearings" OAR 413-010-0500 to 413-010-0535.

Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.330 - 418.340
Hist.: SCF 2-1995, f. & cert. ef. 8-21-95; SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 8-1999, f. & cert. ef. 5-17-99; SOSCF 7-2002, f. 3-28-02, cert. ef. 4-1-02; CWP 16-2008, f. & cert. ef. 7-1-08; CWP 6-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09; CWP 22-2009, f. & cert. ef. 12-29-09

Post-Legal Adoption Services

413-130-0150

Purpose

The purpose of these rules is to establish criteria and eligibility for post legal adoption services for adoptive families who adopted a child through the State Office for Services to Children and Families.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 109.425 - ORS 109.507
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96

413-130-0160

Definition

(1) "Oregon Post Adoption Resource Center (ORPARC)." Contracted service provider whose services to post adoptive families include information and referral, training, support groups and networks, assistance with planning for respite care, lending library, follow up tracking, advertising and promotional efforts, and an advisory committee.

(2) "Post Legal Adoption" is the period of time after an adoption is legalized.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.425 – 109.507
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 25-2001, f. 6-29-01 cert. ef. 7-1-01

413-130-0170

Values

(1) Freeing a special needs child for adoption through SOSCF presupposes a commitment by the agency to the child until the child reaches the age of 18 years or emancipation, whichever comes first. SOSCF assumes an obligation to the child, the adoptive parent(s) and to the family as a whole to maintain the placement through the delivery of adoption preservation services.

(2) Families who adopt special needs children are often challenged by the exceptional current and future needs of their children, and may require specialized services after the adoption is legalized.

(3) SOSCF's response to adoptive families (who adopted through SOSCF) returning to the agency for support shall be provided in a way that is sensitive to the issues unique to adoption.

(4) Any child who is unable to grow up safely in his or her own home should be assured the opportunity to become a valued and permanent member of another safe family that understands and responds to his or her needs.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.425 - ORS 109.507
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 25-2001, f. 6-29-01 cert. ef. 7-1-01

413-130-0180

Procedures

Except where OAR 413-030-0100 through 413-030-0130, (Child Protective Services Eligibility administrative rules) apply, SOSCF shall not determine eligibility for post legal adoption services to families who have adopted a child through SOSCF on the basis of risk assessment factors or the vulnerability scale, but shall base it on the needs of the adoptive child and family. Post legal adoptive services will be determined by the availability of SOSCF and community resources.

(1) Prior to the finalization of an adoption, the child's SOSCF worker shall inform the approved family of the existence of post adoptive resources including the Oregon Post Adoption Resource Center (ORPARC) and the availability of services directly from the SOSCF branch, and document this on the Statement of Verification of the Voluntary Adoption Registry.

(2) Case responsibility for post-legal adoptive services shall be determined through branch administration.

(3) Adoptive families eligible to receive SOSCF services shall sign the CF 304, "Service Application," to access SOSCF services. SOSCF services and other community services may include, but are not limited to referrals to SOSCF contracted services or other agency or community services, (such as ORPARC, counseling, adoptive parent's support group, family resource or unity meeting, respite care, temporary out-of-home care or residential treatment).

(4) SOSCF may process post adoption applications for adoption assistance or renegotiated agreements through the adoption assistance coordinator without the need for casework services.

(5) SOSCF shall refer members of the adoption triad (adult adoptee, adoptive family and birth family) seeking non-identifying or identifying information to the adoption registry and assisted search programs through the State Office for Services to Children and Families.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.425 - ORS 109.507
Hist.: SCF 6-1996, f. & cert. ef. 9-17-96; SOSCF 25-2001, f. 6-29-01 cert. ef. 7-1-01

Adoption Registry

413-130-0300

Purpose

The central office adoptions unit maintains the Voluntary Adoption Registry for all adoptions not arranged through a licensed agency and carries out the DHS administrative responsibilities specified in these rules. Staff are expected to provide general information about the registry, refer inquiries to the central office adoption unit, and upon request, provide counseling services to the reunited parties.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.425 - ORS 109.500
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 10-1998, f. 4-27-98, cert. ef. 5-1-98; SOSCF 30-2000, f. & cert. ef. 11-7-00; SOSCF 49-2001, f. 12-31-01 cert. ef. 1-1-02

413-130-0305

Definitions

(1) "Identifying Information" means names and addresses of birth parents, putative fathers, adult adoptee, adult adoptee genetic siblings.

(2) "Independent adoption" means any adoption where the consent is given by other than DHS or a licensed adoption agency.

(3) "Non Identifying Information" means health and social and genetic history

of the adult adoptees, birth parents, putative fathers and other specified persons.

(4) "Voluntary Adoption Registry" means a voluntary registry operated by DHS or licensed agency:

(a) Where birth parents, putative fathers and adult adoptees may register their willingness to the release of identifying information to each other;

(b) That provides for the disclosure of identifying information to birth parents and their genetic offspring;

(c) That provides for the transmissions of non identifying health and social and genetic history of specified persons; and

(d) That provides for the disclosure of specific identifying information under certain circumstances to Indian tribes, governmental agencies or to a person settling an estate.

Statutory Authority: ORS 418.005
Stats. Implemented: ORS 109.425 - 109.500
Hist.: SOSCF 30-2000, f. & cert. ef. 11-7-00; SOSCF 49-2001, f. 12-31-01 cert. ef. 1-1-02

413-130-0310

Voluntary Adoption Registry

(1) The Voluntary Adoption Registry is the program established under ORS 109.425 to 109.500 through which the Department of Human Services (DHS) maintains a registry of persons wishing to receive adoption information and to provide identifying and non-identifying information to eligible adoptees and eligible relatives of adoptees. The Voluntary Registry also performs certain functions with the State Assisted Search Program as provided in ORS 109.502 to 109.507 and OAR 413-130-0400 through 413-130-0520.

(2) DHS shall maintain the registry for all public agency adoptions through DHS (formerly Services to Children and Families, State Public Welfare, Children's Services Division) and all adoptions through an attorney. If the adoption was through an Oregon licensed private agency, the registrant shall contact appropriate agency directly.

(3) DHS may contract with a licensed adoption agency for the operation of the registry. If it does so, these administrative rules shall govern the operation of the registry. The receiving agency and any agency to which it delegates the operation of the registry shall meet the statutory standards to operate an adoption registry.

(4) DHS may join a voluntary national or international registry and make its records available to that registry. The rules governing disclosure of information provided by DHS in such adoption registry shall be as prescribed in these rules.

413-130-0320

Requesting Non-Identifying Information

(1) A fee of $45 will be charged to any eligible person who requests non-identifying information from the registry to cover the cost of providing the information.

(2) DHS shall provide written request forms to all eligible persons.

(3) Upon receipt of a written request form and the fee, DHS shall provide a genetic, social, and health history of the adoptee if known, excluding identifying information, to the following persons:

(a) The adoptive parent(s) of the adoptee or adoptee's guardian;

(b) The birth parent(s) of the adoptee;

(d) In the event of the death of the adoptee:

(A) The adoptee's spouse, if the spouse is the birth parent of the adoptee's child or the guardian of any child of the adoptee; or

(B) Any progeny of the adoptee who is 18 years of age or older.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.425 - ORS 109.500
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 30-2000, f. & cert. ef. 11-7-00; SOSCF 49-2001, f. 12-31-01 cert. ef. 1-1-02

413-130-0330

Registration for Identifying Information

(1) Eligible persons. Persons eligible to register with the registry include:

(a) Birth parent(s) of an adoptee;

(b) Adult adoptee;

(d) Adoptive parent(s) of a deceased adoptee;

(e) Adult siblings of deceased birth parent(s) of an adoptee;

(f) Parent(s) of deceased birth parent(s) of an adoptee.

(g) Putative father(s) of adult adoptee(s).

(2) An adoptee, or the parent or guardian of an adoptee under 18 years of age, may register to have specific identifying information disclosed to Indian tribes or to governmental agencies in order to establish the adoptee's eligibility for tribal membership or for benefits or to a person settling an estate. The information shall be limited to a true copy of documents that prove the adoptee's lineage. Information disclosed in accordance with this subsection shall not be disclosed to the adoptee or the parent or guardian of the adoptee by the registry nor by the Indian tribe, governmental agency or person receiving the information.

(3) Prior to the processing of any affidavit, registrants shall pay a fee of $25 to DHS.

(4) Eligible persons may register by submitting a notarized affidavit to DHS on forms provided by DHS.

(5) Affidavit contents. The registrant shall send the affidavit to the Adoption Services section of DHS. It shall contain:

(a) The current name and address of the registrant;

(b) Any previous name by which the registrant was known;

(d) The place and date of birth of the adopted child, if known;

(e) The name and address of the agency which made the adoptive placement, if known;

(f) A statement of the registrant's willingness to be identified to other eligible persons who register; and

(g) The registrant's signature, witnessed and notarized. A copy of the registrant's birth certificate shall be submitted with the affidavit.

(6) Processing Affidavits.

(a) DHS shall maintain files concerning all persons whose adoptions were completed through DHS or whose adoptions were independent adoptions, and who have completed an affidavit;

(b) It is the responsibility of the registrant to notify the registry of any change of name or change of address. DHS is not responsible to search for a registrant who fails to notify the registry of these changes;

(d) DHS shall not contact or in any other way solicit any adoptee, birth parent or putative father to register with the registry except as provided for under ORS 109.502-507;

(e) If a birth parent of an adoptee registers prior to the adoptee's eighteenth birthday, DHS shall accept the birth parent's registration and notify the birth parent that the adoptee is not yet eligible to register with the registry and that the requirements of subsection (5)(f) of this rule must be met;

(f) When an adoptee reaches age 18, a birth parent of the adoptee, if the birth parent registered prior to the adoptee's eighteenth birthday, shall notify DHS in writing only if the birth parent does not desire to continue the registration.;

(g) All affidavits and other related registry information collected by DHS shall be permanently maintained by DHS.

413-130-0340

Use of Registry

(1) Eligible Persons. The following persons are eligible to use the registry to obtain identifying information about birth parents, adult adoptees, and adult adoptees' genetic siblings:

(a) Birth parent(s) of the adoptee;

(b) Adult adoptee;

(d) Adult adoptee genetic siblings who have been adopted by different adoptive families and have no knowledge of their birth parents;

(e) Adoptive parent(s) of deceased adoptee;

(f) Parent(s) of deceased birth parent; and

(g) Adult siblings of deceased birth parent.

(2) An adult adoptee who has a genetic sibling in the adult adoptee's adoptive family who is under the age of 18 years shall not have access to the registry.

Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 109.425 - ORS 109.500
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 30-2000, f. & cert. ef. 11-7-00

413-130-0350

Release of Identifying Information -- Counseling

(1) When DHS determines that a match exists, DHS shall notify the affected persons of the match by a method which is direct and confidential.

(2) DHS may recommend appropriate counseling by a DHS service worker prior to the release of identifying information to eligible persons.

(3) If DHS determines that there is a match, and if relevant persons have registered with the registry and have received appropriate counseling at the discretion of the agency operating the registry, notification of the match shall be given by DHS only to:

(a) An adult adoptee;

(b) Birth parent(s) of an adult adoptee;

(d) Adult adoptee genetic siblings who have been adopted by different adoptive families and have no knowledge of their birth parents;

(e) At DHS's discretion, parents or adult siblings of the birth parent(s) if the birth parent(s) are deceased;

(f) At DHS's discretion, the adoptive parent(s) of a deceased adoptee; or

(g) Putative father of adult adoptee.

(4) No information shall be released to registrants pertaining to:

(a) The adoptive parents;

(b) The siblings of the adult adoptee who are children of the adoptive parents; and

Stat. Auth.: 418.005
Stats. Implemented: ORS 109.425 - ORS 109.500
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 10-1998, f. 4-27-98, cert. ef. 5-1-98; SOSCF 30-2000, f. & cert. ef. 11-7-00; SOSCF 49-2001, f. 12-31-01 cert. ef. 1-1-02

413-130-0355

Contact Preference Form

(1) A birth parent may request from the voluntary registry a Contact Preference Form (45-89, Oregon Department of Human Services, Health Division) for the purpose of indicating the birth parent's preference regarding contact by the adoptee.

(a) If the birth parent wants contact or contact through an intermediary, the birth parent may complete only the Contact Preference form and return it to the Oregon Center for Health Statistics, Certification Unit. Completion of a Birth Parent Updated Medical History form (CF 246R) is not required.

(b) If the birth parent does not want contact he or she must fill out the Birth Parent Updated Medical History form (CF 246R) that he or she may obtain from the voluntary adoption registry, the private adoption agency that handled the adoption or the Oregon Center for Health Statistics, Certification Unit and submit it to the appropriate voluntary adoption registry.

(2) Upon receipt of the Birth Parent Updated Medical History form (CF 246R), the voluntary adoption registry shall provide the birth parent with a Certificate of Receipt of Birth Parent Updated Medical History (CF 247R). The agency operating the voluntary adoption registry shall photocopy the Certificate of Receipt of Birth Parent Updated Medical History (CF 247R) on letterhead, have it signed by an authorized representative, and have the signature notarized.

(3) The birth parent shall then attach the Certificate of Receipt of Birth Parent Medical History (CF 247R) to the completed Contact Preference Form and send both forms to the Oregon Center for Health Statistics, Certification Unit.

Statutory Authority: ORS 418.005
Stats. Implemented: ORS 109.425 - 109.500
Hist.: SOSCF 30-2000, f. & cert. ef. 11-7-00

413-130-0360

Confidentiality of Registry

All information acquired by the registry shall be confidential and shall be disclosed only as provided in these rules or pursuant to a court order. The provisions of this rule do not apply when confidential information relating to an international adoption is requested by an adult adoptee.

Assisted Search Program

413-130-0400

Purpose

The State of Oregon administers the Assisted Search Program which permits a confidential search for certain adult members of an individual's birth family. This program recognizes that while some parties to adoption have a strong desire to obtain identifying information, others do not. This program is voluntary for all participants and fully recognizes the right to privacy and confidentiality of all parties to an adoption. Persons contacted under this program are directed to the voluntary adoption registry where exchange of identifying information can be authorized. Licensed Oregon adoption agencies conducting assisted search programs are subject to the policies and procedures established under these rules, whose purpose is to set forth criteria establishing eligibility standards, standards of conduct and search procedures, and fees to be paid by persons requesting assisted searches.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 109.425 - ORS 109.507 & SB 1105
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-130-0410

Definitions

(1) "Assisted Search" means the work carried out to locate and make confidential contact with a sought for person upon the application of an authorized requester.

(2) "Birth Parent" means the woman or man who is legally presumed, under the laws of this state, to be the mother or father of genetic origin of a child.

(3) "Fee" means the maximum fixed amount that SOSCF or Oregon licensed adoption agency may charge for conducting an assisted search for persons eligible to request such services, a birth father file review.

(4) "Licensed Adoption Agency" means an agency currently licensed in Oregon under the provisions of ORS 418.225 to 418.325 to provide adoption services.

(5) "Putative Father" means:

(a) A man who has not yet established paternity, but who may establish paternity under ORS 109.070;

(b) A man who birth mother alleges is the father and the putative father, by written affidavit or surrender and release executed within three years of the relinquishment of the child by the mother, or the termination of parental rights of the birth mother, has acknowledged being the child's biological father; or

(c) A man who is not legally presumed to be the father of genetic origin of the child, but who claims paternity on a notarized statement or is alleged to be the birth father of genetic origin of the adoptee.

(6) "Requester" means a person duly registered on a voluntary adoption registry who requests an assisted search, and who has filed an application and paid the applicable fee.

(7) "Voluntary Adoption Registry" means a voluntary registry operated by SOSCF or licensed agency:

(a) Where birth parents, putative fathers and adult adoptees may register their willingness to the release of identifying information each other;

(b) That provides for the disclosure of identifying information to birth parents and their genetic offspring;

(c) That provides for the transmission of non-identifying health and social and genetic history of specified persons; and

(d) That provides for the disclosure of specific identifying information under certain circumstances to Indian tribes, governmental agencies or to a person settling an estate.

(8) "Work Product" means any records, information or other materials obtained or developed by the licensed adoption agency or SOSCF during the course of the assisted search.

Stat. Auth.: OL 1993, Ch. 676
Stats. Implemented: ORS 109.425 - ORS 109.507
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 11-1998, f. 4-27-98, cert. ef. 5-1-98; SOSCF 33-2000, f. & cert. ef. 11-7-00

413-130-0420

Use of Assisted Search Program

(1) Eligible Persons: Certain persons duly registered with an Oregon voluntary adoption registry for identifying information are eligible to request an assisted search:

(a) Adult adoptee or adoptive parents of a deceased adoptee seeking the adoptee's birth parents or genetic siblings;

(b) Birth parents, adult genetic sibling(s) or the parent or adult sibling of a deceased birth parent seeking the adult adoptee.

(2) Completed searches for a birth parent where that person declines to register prevents any subsequent assisted search for the requester's biological siblings. A search for the other birth parent or registered putative father is permitted where authorized by statute.

(3) A putative father may register so that an adult adoptee may be assisted in contacting him, but putative the father is prohibited from conducting an assisted search.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 109.425 - ORS 109.507
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 11-1998, f. 4-27-98, cert. ef. 5-1-98

413-130-0430

Application

Requesters for assisted searches must submit an application directly to the licensed adoption agency that facilitated the adoption if that agency has met all requirements under OAR 413-130-0455 and 413-130-0460, or to the State Office for Services to Children and Families Central Adoptions Unit. The completed application shall include:

(1) Proof of registration for identifying information on the appropriate voluntary adoption registry;

(2) The applicable fee.

Stat. Auth.: ORS 418.005, ORS 109.506
Stats. Implemented: ORS 109.425 - ORS 109.507
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 11-1998, f. 4-27-98, cert. ef. 5-1-98; SOSCF 33-2000, f. & cert. ef. 11-7-00

413-130-0440

Fees

Each application for an assisted search shall be accompanied by the following fee(s):

(1) Four hundred dollars for all initial searches for any one eligible person. This fee includes $100 which covers costs for administration of the assisted search program and $300 which represents the fixed fee for actual search.

(2) Two hundred dollars each for any subsequent assisted searches for eligible persons by the same requester.

(3) Twenty five dollars non-refundable birth parent database review if the applicant requests an assisted search for a birth father. This review shall determine if there is a father who meets the definition of the legal or putative father permitted to utilize the voluntary registry. This $25 fee will be applied towards the assisted search fees if it is determined that a search can be conducted.

(4) Once application is made for the assisted search to the licensed adoption agency or SOSCF, any fees paid are non-refundable under any circumstances, including unsuccessful location or reunion.

Stat. Auth.: ORS 418.005, ORS 109.506
Stats. Implemented: ORS 109.425 - ORS 109.507 & SB 1105
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 33-2000, f. & cert. ef. 11-7-00

413-130-0450

Eligibility of Search Organization

Licensed adoption agencies who perform assisted searches must meet the following requirements:

(1) Demonstrate knowledge of, and experience with, adoption and search issues including a statement of philosophy which values post adoption search consistent with ORS 109.430;

(2) Demonstrate experience providing administrative and supervisory oversight of employees and subcontractors, if applicable, including monitoring of conduct and performance;

(3) Demonstrate sufficient financial resources to insure effective work and organizational stability;

(4) Employ, or have on call as needed, sufficient capable, trained and experienced staff who meet the standards and minimum competencies outlined in OAR 413-130-0460;

(5) Be available to accept search requests within the time frame outlined in OAR 413-130-0480;

(6) Maintain signed statements of confidentiality in personnel files and provide notice of confidentiality requirements in all program policies concerning any information from sealed adoption files and any information obtained during the assisted search process;

(7) Demonstrate knowledge of available search resources to guarantee delivery of services within the fee schedule;

(8) Agree to provide current and comprehensive information regarding agency and community resources, including support groups, reading lists and other resources regarding psychological issues in adoption and potential outcomes of reunions, to certain individuals identified and contacted as a result of the search;

(9) Agree to compile statistical data on searches for periodic reports to SOSCF in a format determined by SOSCF.

Stat. Auth.: ORS 418.005, ORS 109.506
Stats. Implemented: ORS 109.425 - ORS 109.507
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 33-2000, f. & cert. ef. 11-7-00

413-130-0455

Standards of Conduct For Licensed Agencies.

Licensed adoption agencies performing assisted searches shall:

(1) Maintain accurate and complete records of each search;

(2) Keep confidential all adoption file information furnished by SOSCF and any licensed adoption agency and all work product developed during the assisted search process;

(3) Use discretion in the search in all contacts and requests for information from public sources, and from those known to the persons involved;

(4) Act within applicable statutory and administrative rules in applicable jurisdictions;

(5) Not exert any pressure upon a sought-after person in order to effect registration on a voluntary adoption registry;

(6) Accept only such compensation for a search as is permitted by law;

(7) Avoid any potential conflicts of interest in conducting assisted searches;

(8) Not assume the role of therapist or counselor to parties contacted during the assisted search process.

Stat. Auth.: ORS 418.005, ORS 109.506
Stats. Implemented: ORS 109.425 - ORS 109.507 & SB 1105
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 33-2000, f. & cert. ef. 11-7-00, Renumbered from 413-130-0470

413-130-0460

Eligibility Competencies and Standards for Persons Performing Searches

Persons performing assisted searches for licensed adoption agencies or SOSCF must meet the following requirements:

(1) Demonstrate a minimum of two years of experience, either professional or volunteer, in legal and/or psychological aspects of adoption and adoption search.

(2) Demonstrate expertise, through written references, approved training and personal interviews, of the following:

(a) Sensitivity to adoption-related issues;

(b) Ability to maintain confidential files and information;

(d) Excellent listening and communication skills, written and verbal;

(e) Ability to work with persons from diverse backgrounds and cultures;

(f) Insight regarding personal attitudes regarding adoption, search and reunion to maintain professional neutrality.

(g) Demonstrate general and specific knowledge of search procedures and techniques to be utilized to successfully locate sought after parties.

(3) Provide a criminal background check, which demonstrates no record of criminal convictions:

(a) Related to maintaining the integrity or confidentiality of records;

(b) Related to child abuse or other offenses involving minor children.

(4) Attend continuing education/applicable training available if required by the licensed adoption agency or SOSCF in the areas of adoption, search and reunion.

(5) Sign a statement of confidentiality, which outlines potential civil and criminal penalties for any disclosure of file information to any one not expressly authorized in applicable statutes or administrative rules.

Stat. Auth.: ORS 418.005, ORS 109.506
Stats. Implemented: ORS 109.425 - ORS 109.507 & SB 1105
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 33-2000, f. & cert. ef. 11-7-00

413-130-0470 [Renumbered to 413-130-0455]

413-130-0480

Search Procedures

(1) SOSCF or licensed adoption agencies, upon receipt of the application and fees, shall complete the assisted search within 120 days from the date of assignment. If the case is still active, but not completed within 120 days, the agency shall contact the requester and state the reason for the delay and a projected completion date. The licensed adoption agency, or SOSCF shall inform the requester that the case has been opened, and shall maintain reasonable contact with the requester to give periodic updates on the search.

(2) The licensed adoption agency or SOSCF shall prepare a search file, and using established search techniques in accordance with the standards of conduct established under OAR 413-130-0470, shall attempt to identify and locate the person sought under the program.

(3) Upon location of that person, the licensed adoption agency or SOSCF shall make a confidential inquiry, in person if possible, to determine if that person wishes to establish contact with the requester through the voluntary adoption registry:

(a) The licensed adoption agency or SOSCF shall inform the person that any participation he or she may have with the registry is voluntary and that no information regarding his or her identity or location will be released unless completed registration is made with the voluntary adoption registry;

(b) The agency or SOSCF shall provide information and any application materials necessary to register with the appropriate registry if contact is to be made. The application materials shall contain a statement regarding the voluntary nature of any participation in a voluntary adoption registry;

(c) The agency or SOSCF shall also provide information about agency and community resources regarding psychological issues in adoption and reunion to persons who express a wish to receive information;

(d) The agency or SOSCF shall notify the appropriate voluntary adoption registry that the person being sought has been identified and located, and has indicated that the person wishes to make contact;

(e) If the reason for the search is because there is a serious medical condition in the person's immediate genetic family that is, or may be, an inheritable condition, the person being sought shall be informed of that fact at first contact.

(4) SOSCF or the licensed adoption agency conducting the search, where practicable, shall, after 90 days, contact the person in the original contact who indicated interest in accessing the voluntary adoption registry, if that person has not returned the application materials. This second contact is to offer forms and materials to register and to determine if the person still intends to register.

(5) If, upon location, the person sought does not wish to register to establish contact through the voluntary adoption registry, the person shall be given information about the voluntary adoption registry under ORS 109.435 to 109.507.

(6) The licensed adoption agency or SOSCF shall notify the appropriate voluntary registry that the person being sought has been located and has indicated that the person does not wish the contact.

(7) If the licensed adoption agency or SOSCF is unable to identify or locate the person being sought, SOSCF or the licensed adoption agency shall notify the appropriate voluntary registry of that fact.

(8) Upon receiving notice under OAR 413-130-0480(3), (5) or (6), the voluntary adoption registry shall:

(a) Enter the information into its records;

(b) Notify the requester only that the person being sought has or has not been located; and either.

(A) Has indicated a wish to make contact and has been given information and forms necessary to register; or

(B) Has indicated a wish not to make contact.

(9) Except as otherwise provided under this rule, no contact shall be made with requesters or persons sought under the assisted search program.

(10) All search file information, including all work product developed during the course of the search, shall be incorporated into the permanent registry adoption file in the agency of origin, either SOSCF and/or a licensed Oregon adoption agency upon completion of the search.

Stat. Auth.: OL 1993, Ch. 676
Stats. Implemented: ORS 109.425 - ORS 109.507
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 11-1998, f. 4-27-98, cert. ef. 5-1-98

413-130-0490

Access to Records

(1) A licensed adoption agency may examine adoption records maintained by the State Office for Services to Children and Families subject to SOSCF operating procedures.

(2) No original file contents or copies of confidential documents will be removed from SOSCF Central Adoptions Unit.

(3) No file contents will be open to inspection by a licensed adoption agency other than the file directly related to the requester's file.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 109.425 - ORS 109.507 & SB 1105
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-130-0500

Maintenance of Records

(1) All work product and adoption file information obtained in connection with the assisted search program under these rules is confidential. All confidential adoption records made available to a licensed adoption agency, and all work product, are the property of the agency of origin, either SOSCF or the licensed adoption agency. At the conclusion of the assisted search, all materials shall be forwarded to the agency of origin, and shall become part of the permanent adoption file. Licensed adoption agencies conducting an assisted search program shall maintain a record of each search undertaken and its outcome in a form which does not breach the confidentiality of any registrant.

(2) During an active search, licensed adoption agencies shall keep records of all actions taken on behalf of requesters, and shall furnish copies of those records upon request from SOSCF.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 109.425 - ORS 109.507 & SB 1105
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-130-0510

Exclusion of Licensed Agencies

Any licensed adoption agency authorized to conduct searches per OAR 413-130-0460, shall be immediately excluded from all access to confidential adoption file information if any rules are violated, and may be subject to immediate termination for any willful unauthorized disclosure of any confidential file information. Such persons may be subject to criminal prosecution.

Stat. Auth.: HB 2004
Stats. Implemented: ORS 109.425 - ORS 109.507 & SB 1105
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95

413-130-0520

Advisory Committee

SOSCF may establish an advisory committee selected by SOSCF. The advisory committee may meet as needed to consider any changes or improvements to the administration of the Assisted Search Program. Membership shall reflect affected parties, including, but not limited to, adult adoptees, adoptive parents, birth parents, private adoption agency personnel and SOSCF adoptions staff.

Stat. Auth.: 418.005, ORS 109.506
Stats. Implemented: ORS 109.425 - ORS 109.507 & SB 1105
Hist.: SCF 6-1995, f. 12-22-95, cert. ef. 12-29-95; SOSCF 33-2000, f. & cert. ef. 11-7-00

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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DEPARTMENT OF HUMAN SERVICES, CHILDREN, ADULTS AND FAMILIES DIVISION: CHILD WELFARE PROGRAMS

DEPARTMENT OF HUMAN SERVICES, CHILDREN, ADULTS AND FAMILIES DIVISION:
CHILD WELFARE PROGRAMS