Or. Admin. Code § 419-420-0130 - Adoption Agencies: Domestic Adoptive Placement Requirements
An adoption agency must meet all of the following requirements related to a domestic placement:
(1)
Pre-placement visit. The adoption agency must develop a written transition plan
based on the developmental needs and best interests of the child. The plan must
include provisions for pre-placement visits with the prospective adoptive
family.
(2) Placement agreement
documents. Before placing the child in a home, the adoption agency must have a
written agreement with the pre-adoptive parents. A signed copy of this
agreement must be given to the pre-adoptive parents and a copy must be placed
in the case record. The agreement must specify the following, if appropriate:
(a) That the pre-adoptive parents agree to
legally finalize the adoption in a time frame that is based on the best
interests of the child;
(b) That
the adoption agency will provide the documents necessary for finalizing the
adoption in a time frame that is based on the best interests of the
child;
(c) That the pre-adoptive
parents agree to participate in supervision by the adoption agency, based on
the best interests of the child, during the time prior to finalization of the
adoption;
(d) That the pre-adoptive
parents agree to provide written notification to the adoption agency prior to
each of the following:
(A) A change of
residency.
(B) The removal of the
child from the state for more than 72 hours.
(C) Placement of the child in the care of
another person for more than 72 hours.
(e) That the adoption agency will arrange for
supervision in accordance with the Interstate Compact for Placement of Children
if the adoptive family moves to another state.
(f) The plan must address all of the
following subjects, based on the best interests of the child, in the event of a
disruption:
(A) Who has responsibility for
providing care and the cost of care.
(B) Financial arrangements to ensure transfer
of custody when necessary.
(C) For
intercountry adoptions only, whether the child is to remain in the country of
placement and how the authorities in the originating country will be notified
of the disruption.
(3) Medical consent form. At the time of the
child's placement in the adoptive home, the adoption agency must give the
adoptive parents a signed medical consent form authorizing medical care of the
child.
(4) Child and birth parent
information. Before placing a child with a family, the adoption agency must
make reasonable efforts to discuss with the adoptive parents and provide them
in writing all available information about the child and his or her birth
parents, including, but not limited to:
(a)
Medical data.
(b) Information about
genetic, congenital, or pre-existing conditions.
(c) Information on the child's physical,
emotional, and behavioral functioning and adjustment
(d) Pertinent information regarding the birth
parents, excluding identity.
(e)
Information about disabilities and their implications, including information
from diagnosticians and, if applicable, appropriate therapists.
(5) The adoption agency may not
withhold or misrepresent information, nor may it misrepresent the implications
of child information. The adoption agency and its agents must provide to
prospective adoptive parents, in accordance with these rules (OAR
419-420-0010 to
419-420-0160), all information
obtained about the child.
(6)
Post-placement supervision. The adoption agency is responsible for the child
until the court has entered the general judgment of adoption. After the child
is placed, the adoption agency must provide and document supervision of the
home by a social services worker, including all of the following:
(a) A home visit with the family within the
first 30 days following placement to establish a helping post-placement
relationship. The frequency of contacts, including home visits, office visits,
telephone calls, and e-mail, is dependent on the child's age and special needs,
and the family's adjustment to the child.
(b) Any change in the adoptive family
relating to health, finances, or composition that could affect the
child.
(c) Providing to the
adoptive parents any medical information on a child's birth family received by
the adoption agency after the child was placed for adoption.
(d) If the placement appears likely to
disrupt, the adoption agency must document its efforts to:
(A) Provide counseling services to preserve
the placement; and
(B) Provide or
arrange for replacement services, including foster care if needed, if
disruption occurs.
(7) Post-legalization services. The adoption
agency must make adoption services available to birth parents, adoptive
parents, and adopted children after the adoption is finalized. The adoption
agency must provide or inform the adoptive parents how to obtain information
regarding all of the following:
(a) Counseling
services.
(b) Crisis
intervention.
(c) Respite
care.
(d) Specialized support
groups.
Notes
Statutory/Other Authority: ORS 409.050, ORS 418.240 & ORS 418.005
Statutes/Other Implemented: ORS 418.205 - 418.310
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