Or. Admin. Code § 413-130-0125 - Review, Adjustment, Suspension, Expiration, and Termination of Adoption Assistance

(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:

(a) Receives information indicating that the child or young adult may no longer be eligible for adoption assistance or may be eligible for an adoption assistance payment in a different amount, including when the Department receives information regarding any of the circumstances described in OAR 413-130-0112.

(b) Determines, when the child or young adult is not residing in the home of the pre-adoptive family or adoptive family, that a periodic review of the adoption assistance agreement is required.

(c) Receives information that indicates a review is necessary based on a change in the needs of the child or young adult or circumstances of the family.

(d) Receives information that the young adult no longer meets the requirements for continued assistance, if the Department has agreed to extend adoption assistance under OAR 413-130-0055.

(e) Determines that the pre-adoptive family or adoptive family has not complied with the requirements of the adoption assistance agreement; or

(f) Receives information or otherwise becomes aware that the pre-adoptive family or adoptive family is no longer providing support for the child or young adult or is no longer legally responsible for the support of the child.

(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

(a) The Department receives information that the pre-adoptive family or adoptive family is no longer providing support for the child or young adult; or

(b) The Department receives information that the pre-adoptive family or adoptive family is no longer legally responsible for the support of the child.

(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:

(a) In the case of a reduction, only those payments that exceed the amount the child or young adult would be eligible for if currently in foster care would be reduced, and the reduction would only be to the amount that the child or young adult would be eligible to receive if currently in foster care.

(b) In the case of an increase, the Department, considering the needs of the child or young adult and the circumstances of the adoptive family, may increase 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.

(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:

(a) When the child:

(A) Reaches the age of 18 or, when an extension has been granted under OAR 413-130-0055, no later than the date identified in the adoption assistance agreement.

(B) Is emancipated.

(C) Dies.

(D) Marries.

(E) Enlists in the military; or

(F) No longer meets the requirements for continued adoption assistance if the Department has agreed to continue adoption assistance under OAR 413-130-0055.

(b) The parental rights of the adoptive parent or, if there is more than one adoptive parent, both adoptive parents to the child or young adult have been terminated or relinquished.

(c) The adoptive parent dies or, if more than one adoptive parent, both die.

(d) The Department or agency having guardianship or custody of the child removes the child from the home of the pre-adoptive family prior to finalization of the adoption.

(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:

(a) The pre-adoptive family or adoptive family is no longer responsible for the child or young adult.

(b) The pre-adoptive family or adoptive family is no longer providing support to the child or young adult; or

(c) The child or young adult is no longer eligible for adoption assistance or is eligible for adoption assistance in a different amount.

Notes

Or. Admin. Code § 413-130-0125

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; CWP 16-2011(Temp), f. & cert. ef. 6-30-11 thru 12-27-11; CWP 25-2011(Temp), f. 9-30-11, & cert. ef. 10-1-11 thru 12-27-11; CWP 35-2011, f. 12-27-11, cert. ef. 12-28-11; CWP 2-2014, f. 1-31-14, cert. ef. 2-1-14; CWP 24-2015, f. & cert. ef. 10/26/2015; CWP 102-2018, temporary amend filed 08/16/2018, effective 08/16/2018 through 02/11/2019; CWP 113-2018, amend filed 10/31/2018, effective 11/1/2018; CWP 22-2022, minor correction filed 10/24/2022, effective 10/24/2022; CWP 91-2023, amend filed 12/22/2023, effective 1/1/2024

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