Or. Admin. Code § 413-130-0130 - Post Judgment of Adoption Applications for Adoption Assistance
(1) An adoptive
family asking to apply for adoption assistance after the judgment of adoption
must submit a written request to the Adoption Assistance and Guardianship
Assistance Unit, 500 Summer Street NE, E-71, Salem, Oregon 97301, based on one
or more of the following extenuating circumstances:
(a) Relevant facts regarding the child, the
biological family, or background of the child 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 that
indicates a review of the determination is appropriate; or
(d) The Department failed to advise the
adoptive family of a special needs child of the availability of adoption
assistance.
(2) Upon
receipt of the written request, the Department must determine, within 30
calendar days, whether the child meets Title IV E eligibility requirements.
(3) The Department may review and
provide an adoptive family historic information regarding the child to assist
in the request and determination regarding eligibility for adoption assistance:
(a) Following receipt of a request from the
adoptive parents for non-identifying information from the adoption registry as
provided by ORS 109.425 through
109.507;
(b) Following receipt of a court order to
review and release records from the sealed adoption file; or
(c) As otherwise allowed under OAR
413-010-0065.
(4) When a child is Title IV-E
eligible, a decision is made through a contested case hearing on whether the
adoptive family may apply for adoption assistance after the judgment of
adoption based on the extenuating circumstances in section (1) of this rule:
(a) The Adoption Assistance and Guardianship
Assistance Coordinator must write a summary of the situation and submit a
hearing referral and supporting documentation to the Office of Administrative
Hearings within 45 calendar days of receipt of the request in section (1) of
this rule.
(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.
(5) When a child does not meet
Title IV E eligibility requirements, the Post Adoption Services Program Manager
determines if extenuating circumstances under section (1) of this rule exist
that justify accepting an adoption assistance application from the adoptive
family.
(a) The Adoption Assistance and
Guardianship Assistance Coordinator must prepare information for review by the
Post Adoption Services Program Manager including information submitted by both
the adoptive family and Department records.
(b) A written finding will be sent to the
adoptive family within 60 calendar days of the receipt of the request for
review.
(c) When the Post Adoption
Services Program Manager finds that extenuating circumstances do not exist, the
adoptive family may request a contested case hearing under OAR
413-010-0500 to
413-010-0535.
(A) The administrative law judge in the
contested case hearing reviews whether the adoptive family may submit an
application for adoption assistance.
(B) The approval of the adoption assistance
application is a separate determination made by the Department.
(6) When the decision,
through a contested case hearing or Post Adoption Services Program Manager
review, is that the adoptive family is eligible to apply for adoption
assistance on behalf of the child, an adoption assistance application may be
signed, effective the date of the written request described in section (1) of
this rule. The process for application in OAR
413-130-0050 and negotiation in
OAR 413-130-0070 apply.
Notes
Stat. Auth.: ORS 418.005, 418.340
Stats. Implemented: ORS 418.005, 418.330, 418.335 & 418.340
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