Or. Admin. Code § 413-140-0032

Current through Register Vol. 63, No. 10, October 1, 2024

Section 413-140-0032 - Waivers the Department May Issue

(1) Waiver of the 90-day waiting period.

(a) In accordance with ORS 109.276(10), the Department may waive the required 90-day waiting period for an adoption.

(b) Upon receipt of the adoption petition and accompanying documents, the Department will review and consider all items listed in OAR 413-140-0028 and OAR 413-140-0030 when determining whether to waive the required 90-day waiting period.

(c) The Department will provide written notification regarding the determination of the 90-day waiver request to the court, petitioner and, when applicable, the Oregon licensed adoption agency involved.

(d) The Department may reconsider the initial determination of the 90-day waiver request provided:

(A) All remaining items outlined in the Department's prior written notification have been sufficiently addressed; and

(B) The required 90-day waiting period has not expired.

(2) Waiver of the Adoption Home Study.

(a) In accordance with ORS 109.276(7)(b), except when the court finds there is reason to know that the child is an Indian child, the Department has discretion to waive the home study requirement for some adoptions.

(b) The Department may consider a waiver of the adoption home study in an independent adoption when:

(A) One biological parent, including birth mother, or adoptive parent retains parental rights; or

(B) The petitioner qualifies as a relative. For the purpose of this rule, a relative is an individual who meets the following conditions:

(i) At least one of the adopting petitioners is the biological or adoptive sibling or half-sibling, aunt, uncle, grandparent, great-aunt, great-uncle, or great-grandparent of the child; and either

(ii) The child has lived with the petitioner on a continuous basis since birth and for at least six months immediately prior to the petitioner's request to waive the adoption home study requirement; or

(iii) The child has lived with the petitioner on a continuous basis for at least one year immediately prior to the petitioner's request to waive the adoption home study requirement.

(c) The Department may consider waiving the adoption home study requirement in an independent adoption involving a child born to a surrogate mother when there is evidence documenting that the following conditions, as applicable, are met:

(A) At least one of the petitioners is a biological parent of the child; and

(B) When the surrogate mother is married:

(i) Her husband has consented to the adoption; or

(ii) There is a joint affidavit of non-paternity completed by the surrogate and her husband.

(iii) There is a Stipulated General Declaratory Judgment of Parentage finding the surrogate's husband is not the genetic or legal parent of the child.

(d) The following documents must be submitted to the Department before consideration may be given to a waiver of the adoption home study requirement:

(A) A Request for Waiver of the Adoption Home Study Form, CF 249d.

(B) Background checks as described in OAR 413-140-0065.

(C) A copy of the petition for adoption.

(D) Verification that the child being adopted shares a residence with the adopting petitioner.

(E) Verification of American Indian/Alaska Native Membership or Enrollment for Non-Departmental Adoptions (Form 1270A) address each biological parent's ancestry.

(F) A signed court order, which includes the court's finding as to whether there is reason to know the child being adopted is an Indian child.

(G) Additional information, when requested by theDepartment, to clarify any concerns that could compromise the safety, permanency or well-being of the child being adopted.

(e) TheDepartment does not waive the adoption home study requirement when there are safety, permanency, or well-being concerns that warrant completion of an adoption home study.

(f) Any concerns that come to the attention of the Department regarding the ability of a petitioner to meet the standards set forth in OAR 413-140-0033 may also be considered when determining whether the Department will waive the adoption home study.

(g) Upon receipt of all requested documents listed in subsection (d) of this section, the Department will:

(A) Make a determination as to whether an adoption home study waiver is appropriate;

(B) Provide written notification of the Department's determination regarding the adoption home study waiver request to the court and petitioner or petitioner's attorney;

(C) If applicable, outline in a written notification any remaining information the Department determines is needed to reconsider the petitioner's adoption home study waiver request; and

(D) Provide petitioner or petitioner's attorney with a list of Oregon licensed adoption agencies authorized to complete an adoption home study if the Department determines petitioner's request for waiver cannot be granted.

(3) Waiver of the Placement Report.

(a) In accordance with ORS 109.276(8)(a)(B)(i), except when the court finds that there is reason to know that the child is an Indian child, the Department has the authority to waive the placement report requirement.

(b) The Department must waive the placement report for an adoption in which one biological or adoptive parent retains parental rights, unless there is reason to know the child is an Indian child.

(c) When a written request is received from the petitioner, after receipt of a court order, which includes the court's finding as to whether there is reason to know the child being adopted is an Indian child, the Department may waive the placement report for any of the following:

(A) An adoption for which the Department has waived the adoption home study;

(B) An independent or out-of-state public agency adoption in which the petitioner and the child are currently receiving services from the Department or a licensed adoption agency or have received services in the past 12 months and the Department or an Oregon licensed adoption agency provides a written recommendation that adoption is in the best interests of the child.

Or. Admin. Code § 413-140-0032

CWP 15-2013, f. 12-31-13, cert. ef. 1-1-14; CWP 6-2016(Temp), f. & cert. ef. 4-26-16 thru 10-22-16; CWP 18-2016, f. 9-30-16, cert. ef. 10/1/2016; CWP 1-2022, temporary amend filed 01/03/2022, effective 1/3/2022through 7/1/2022; CWP 11-2022, amend filed 06/23/2022, effective 7/1/2022

Statutory/Other Authority: ORS 109.276, ORS 409.050 & ORS 418.005

Statutes/Other Implemented: ORS 109.243, ORS 109.276, ORS 109.285, ORS 109.328 & ORS 409.010