68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1029
Senate Bill 74
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Family Law Section, Oregon
State Bar)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Deletes reference to 'authorized agency' in statute
establishing when putative father is entitled to notice of
adoption proceeding. Modifies provisions relating to notice of
adoption to grandparents.
A BILL FOR AN ACT
Relating to adoption notice requirements; amending ORS 109.096,
109.098, 109.309 and 109.332.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 109.096 is amended to read:
109.096. (1) When the paternity of a child has not been
established under ORS 109.070, the putative father shall be
entitled to reasonable notice in adoption, juvenile court, or
other court proceedings concerning the custody of the child if
the petitioner knows, or by the exercise of ordinary diligence
should have known:
(a) That the child resided with the putative father at any time
during the 60 days immediately preceding the initiation of the
proceeding, or at any time since the child's birth if the child
is less than 60 days old when the proceeding is initiated; or
(b) That the putative father repeatedly has contributed or
tried to contribute to the support of the child during the year
immediately preceding the initiation of the proceeding, or during
the period since the child's birth if the child is less than one
year old when the proceeding is initiated.
(2) Except as provided in subsection (3) or (4) of this
section, a verified statement of the mother of the child or of
the petitioner, or an affidavit of another person with knowledge
of the facts, filed in the proceeding and asserting that the
child has not resided with the putative father, as provided in
subsection (1)(a) of this section, and that the putative father
has not contributed or tried to contribute to the support of the
child, as provided in subsection (1)(b) of this section, shall be
sufficient proof to enable the court to grant the relief sought
without notice to the putative father.
(3) The putative father shall be entitled to reasonable notice
in a proceeding for the adoption of the child if notice of the
initiation of filiation proceedings as required by ORS 109.225
was on file with the Vital Statistics Unit of the Health Division
of the Department of Human Resources prior to the child's being
placed { - by an authorized agency - } in the physical custody
of a person or persons for the purpose of adoption by them. If
the notice of the initiation of filiation proceedings was not on
file at the time of the placement, the { + putative + } father
shall be barred from contesting the adoption proceeding.
(4) { + Except as otherwise provided in subsection (3) of this
section, + } the putative father shall be entitled to reasonable
notice in juvenile court or other court proceedings if notice of
the initiation of filiation proceedings as required by ORS
109.225 was on file with the Vital Statistics Unit prior to the
initiation of the juvenile court or other court proceedings.
(5) Notice under this section shall not be required to be given
to a putative father who was a party to filiation proceedings
under ORS 109.125 which either were dismissed or resulted in a
finding that he was not the father of the child.
(6) The notice required under this section shall be given in
the manner provided in ORS 109.330.
(7) No notice given under this section need disclose the name
of the mother of the child.
(8) A putative father has the primary responsibility to protect
his rights, and nothing in this section shall be used to set
aside an act of a permanent nature including, but not limited to,
adoption or termination of parental rights, unless the father
establishes within one year after the entry of the final decree
or order fraud on the part of a petitioner in the proceeding with
respect to matters specified in subsections (1) to (5) of this
section.
SECTION 2. ORS 109.098 is amended to read:
109.098. (1) If a putative father of a child by due appearance
{ + in a proceeding of which he is entitled to notice under ORS
109.096 + } objects to the relief sought { - in a proceeding of
which he is entitled to notice under ORS 109.096 - } , the court:
(a) May { - abate the - } { + stay the adoption, juvenile
court or other court + } proceeding { - if filiation
proceedings are pending - } to await the outcome of the
filiation proceedings { + only if notice of the initiation of
filiation proceedings was on file as required by ORS 109.096 (3)
or (4) + }.
(b) Shall, if filiation proceedings are not pending, inquire as
to the paternity of the child, the putative father's past
endeavors to fulfill his obligation to support the child and to
contribute to the pregnancy-related medical expenses, the period
that the child has lived with the putative father, the putative
father's fitness to care for and rear the child and whether the
putative father is willing to be declared the father of the child
and to assume the responsibilities of a father.
(2) If after inquiry under subsection (1)(b) of this section
the court finds:
(a) That the putative father is the father of the child and is
fit and willing to assume the responsibilities of a father, it
shall have the power:
(A) Upon the request of the putative father, to declare his
paternity and to certify the fact of paternity in the manner
provided in ORS 109.094; and
(B) To award custody of the child to the mother or the father
as may be in the best interests of the child, or to take any
other action which the court may take if the parents are or were
married to each other.
(b) That the putative father is not the father of the child, it
may grant the relief sought in the proceeding without the
putative father's consent.
(c) That the putative father is the natural father of the child
but is not fit or willing to assume the responsibilities of a
father, it may grant the relief sought in the proceeding or any
other relief that the court deems to be in the best interests of
the child, notwithstanding the father's objection.
(3) If a putative father of a child is given the notice of a
proceeding required by ORS 109.096 and he fails to enter due
appearance and to object to the relief sought therein within the
time specified in the notice, the court may grant the relief
sought without the putative father's consent.
SECTION 3. ORS 109.309 is amended to read:
109.309. (1) Any person may petition the circuit court for
leave to adopt another person and, if desired, for a change of
the other person's name.
(2)(a) Except as provided in paragraph (b) of this subsection,
when the petition is for the adoption of a minor child, the
adoption shall be governed by the Uniform Child Custody
Jurisdiction Act, ORS 109.700 to 109.930.
(b) The joinder provision of the Uniform Child Custody
Jurisdiction Act, ORS 109.800, does not apply.
(3) The petition to adopt a person 18 years of age or older may
be filed in the county where the petitioner, the person to be
adopted or the person who consents to the adoption resides, if
any of them is a resident of this state.
(4) In a petition to adopt a minor child, venue shall lie in
the Oregon county with which the child has the most significant
connection or in the Oregon county in which the licensed adoption
agency is located.
(5)(a) When the petition is for the adoption of a minor child,
the petitioner shall also file at the time of filing the
petition:
(A) A written statement containing the full names and permanent
addresses of:
(i) The petitioners;
(ii) All persons whose consent to the adoption is required
under ORS 109.312 when such names are either known or may be
readily ascertained by the petitioners; and
(iii) The Oregon licensed adoption agency, if any, or the
relative or person that privately placed the child for adoption.
(B) The documents demonstrating consent under ORS 109.312 to
the adoption of the minor child.
(C) Written evidence documenting a current home study that has
been approved by either the Children's Services Division or an
Oregon licensed adoption agency submitted for the purpose of
demonstrating that the petitioners meet the minimum standards for
adoptive homes as set forth in the division's administrative
rules.
(b) A stepparent or relative who qualifies under the Children's
Services Division administrative rules for a waiver of the
division's home study requirements described in paragraph (a)(C)
of this subsection may file the request for waiver along with the
petition for adoption.
(6) { + (a) + } The petitioner shall cause copies of the
documents required to be filed with the court under subsection
(5) of this section to be served upon the Assistant Director for
Children's Services, by either registered or certified mail with
return receipt or personal service, within 30 days after the
documents have been filed with the court.
{ + (b) + } In the case of a stepparent adoption, the
petition shall also be served { + by either registered or
certified mail with return receipt or personal service:
(A) + } On all persons whose consent to the adoption is
required under ORS 109.312 { + unless the person's written
consent is filed with the court; + } and
{ + (B) + } On the { - child's grandparents - } { +
parents of the party whose parental rights would be
terminated + }, if the names and addresses are known or may be
readily ascertained by the petitioners.
{ - The petition shall be served by registered mail, by
certified mail with return receipt or personally. - } Service
{ - on the child's grandparents - } { + required by this
subparagraph + } may be waived by the court for good cause.
{ + (c) + } The court shall not rule upon the petition until
at least 60 days after the date that the documents were served
upon the assistant director. However, the division may waive the
60-day period.
(7)(a) Within 60 days of the service on the assistant director,
the Children's Services Division shall investigate and file for
the consideration of the judge before whom the petition for
adoption is pending a placement report containing information
regarding the status of the child and evidence concerning the
suitability of the proposed adoption. The division may designate
an Oregon licensed adoption agency to investigate and report to
the court. However, the division may waive the placement report
requirement.
(b) Upon receipt of a written request by the petitioner's
attorney, the division shall furnish to that attorney copies of
any information that the division has filed with the court.
(c) The division may charge the petitioner a fee for
investigating a proposed non-agency adoption and preparing the
home study report described in subsection (5)(a)(C) of this
section and the placement report described in paragraph (a) of
this subsection. The petitioner shall report the fee amount to
the court. The court granting the adoption shall make a finding
as to whether the fee is necessary and reasonable. Any fee
charged shall not exceed reasonable costs for investigation, home
study and placement report preparation. The division shall
prescribe by rule the procedure for computing the investigation,
home study and placement report preparation fee. The rules shall
provide a waiver of either part or all of the fee based upon the
petitioner's ability to pay.
(8) The amounts of any fees collected under subsection (7) of
this section are continuously appropriated to the Children's
Services Division for use in preparing the home study and
placement reports required under subsections (5)(a)(C) and (7)(a)
of this section.
(9)(a) Except as provided in paragraph (b) of this subsection,
a court shall not grant a decree for the adoption of a minor
child unless the petitioners have filed with the court the
documents described in subsections (5)(a)(A), (B) and (C) and
(7)(a) of this section.
(b) A person shall not be required to file a home study or a
placement report with the court when the Children's Services
Division has granted the person a waiver under division rules.
(10) The adoption shall comply with the Indian Child Welfare
Act (25 U.S.C. �1901 et seq.), if applicable. Every adoption
petition involving the Indian Child Welfare Act shall include the
following:
(a) A statement of the efforts to notify the appropriate Indian
tribe or tribes of the adoption; and
(b) A statement of the efforts to comply with the placement
preferences of the Indian Child Welfare Act (25 U.S.C. �1901 et
seq.) or the placement preferences of the appropriate Indian
tribe.
{ - (11) As used in this section and ORS 109.332, '
grandparent' includes a grandparent who has established custody,
visitation or other rights under ORS 109.119 or visitation rights
under ORS 109.121. - }
SECTION 4. ORS 109.332 is amended to read:
109.332. (1) When a petition has been filed under ORS 109.309
concerning the adoption by a stepparent of a child, a grandparent
served with a copy of the petition under ORS 109.309 (6) may file
a motion with the court asking the court to award a grandparent
the right to regular visitation with the child after the
adoption. A motion under this subsection must be filed no later
than 30 days after service of the petition.
(2) The court shall award a grandparent visitation rights only
if the court finds by clear and convincing evidence that:
(a) Establishing visitation rights is in the best interests of
the child;
(b) A substantial relationship existed prior to the adoption
between the child and the grandparent seeking visitation rights;
and
(c) Establishing visitation rights does not substantially
interfere with the relationship between the child and the
adoptive family.
(3) In a stepparent adoption, a grandparent whose visitation
rights were terminated as a result of the adoption prior to
August 23, 1993, may petition to have the visitation rights
restored. The petition must be filed within one year after August
23, 1993. The court shall restore the visitation rights, unless
the court finds that restoration of visitation rights is not in
the best interests of the child.
{ + (4) As used in this section, 'grandparent' includes a
grandparent who has established custody, visitation or other
rights under ORS 109.119 or visitation rights under ORS
109.121. + }
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