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 3567

                        Senate Bill 1054

Sponsored by COMMITTEE ON JUDICIARY (at the request of Mark
  Kramer)


                             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.

  Modifies provisions relating to rights of grandparents in
adoptions. Modifies provisions relating to foster care subsidy to
related foster care providers.

                        A BILL FOR AN ACT
Relating to children; creating new provisions; and amending ORS
  109.119, 109.309, 109.332, 418.625, 419B.115 and 419C.285.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. 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 must include a summons informing the person being
served of the person's rights under ORS 109.332. Service required
by this subparagraph + } may be waived by the court for good
cause.
   { +  (c) If the person being served is a parent who has not
consented to the adoption, service shall be made in person and
not by mail.
  (d)  + }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 2. ORS 109.119 is amended to read:
  109.119. (1) Any person including but not limited to a related
or nonrelated foster parent, stepparent, grandparent or relative
by blood or marriage who has established emotional ties creating
a child-parent relationship  { + or an ongoing personal
relationship + } with a child may petition or file a motion for
intervention with the court having jurisdiction over the custody,
placement, guardianship or wardship of that child, or if no such
proceedings are pending, may petition the court for the county in
which the minor child resides for an order providing for custody
or placement of the child or visitation rights or other generally
recognized rights of a parent or person in loco parentis.  { +
  (2)(a) + } If the court determines that  { + a child-parent
relationship exists and if the court determines by a
preponderance of the evidence that + } custody, guardianship,
right of visitation, or other generally recognized right of a
parent or person in loco parentis, is appropriate in the case,
the court shall grant such custody, guardianship, right of
visitation or other right to the person having the child-parent
relationship, if to do so is in the best interest of the child.
The court may determine temporary custody of the child  { + or
temporary visitation rights + } under this
  { - section - }  { +  paragraph + } pending a final order.
   { +  (b) If the court determines that an ongoing personal
relationship exists and if the court determines by clear and
convincing evidence that visitation or contact rights are
appropriate in the case, the court shall grant visitation or
contact rights to the person having the ongoing personal
relationship if to do so is in the best interest of the child.
The court may order temporary visitation rights under this
paragraph pending a final order. + }
    { - (2) - }  { +  (3) + } In addition to the rights granted
under subsection (1)  { + or (2) + } of this section, a
stepparent with a child-parent relationship, as defined in
subsection   { - (4) - }  { +  (5) + } of this section, who is a
party in a dissolution proceeding may petition the court having
jurisdiction for custody or visitation or may petition the court
for the county in which the minor child resides for adoption of

the child. The stepparent may also file for post decree
modification of a decree relating to child custody.
    { - (3) - }  { +  (4) + } A motion for intervention may be
denied or a petition may be dismissed on the motion of any party
or on the court's own motion if the petition does not state a
prima facie case of emotional ties creating a child-parent
relationship  { + or ongoing personal relationship + } or does
not allege facts that the intervention is in the best interests
of the child.
    { - (4) - }  { +  (5) + } As used in this section { + :
  (a) + } 'Child-parent relationship' means a relationship that
exists or did exist, in whole or in part, within the six months
preceding the filing of an action under this section, and in
which relationship a person having physical custody of a child or
residing in the same household as the child supplied, or
otherwise made available to the child, food, clothing, shelter
and incidental necessaries and provided the child with necessary
care, education and discipline, and which relationship continued
on a day-to-day basis, through interaction, companionship,
interplay and mutuality, that fulfilled the child's psychological
needs for a parent as well as the child's physical needs.
However, a relationship between a child and a person who is the
nonrelated foster parent of the child is not a child-parent
relationship under this section unless the relationship continued
over a period exceeding 18 months.
    { - (5) - }   { + (b) + }   { - Notwithstanding subsection
(1) of this section, a person who has maintained an - }   { +
' + } Ongoing personal relationship { +  ' + }  { +  means a
relationship + } with substantial continuity for at least one
year, through interaction, companionship, interplay and mutuality
  { - may petition the court having jurisdiction over the
custody, placement, guardianship or wardship of that child, or if
no such proceedings are pending, may petition the court for the
county in which the minor child resides, for an order providing
for reasonable visitation rights. If the court determines from
clear and convincing evidence that visitation is in the best
interests of the child and is otherwise appropriate in the case,
the court shall grant visitation to the person having the
relationship described in this subsection - } .
    { - (6) In no event shall costs for the representation of an
intervenor under this section be charged against funds
appropriated for indigent defense services. - }
   { +  (6)(a) Except as otherwise provided in paragraph (b) of
this subsection, in any proceeding brought under this section,
the court may make an order awarding to a party, or directly to
the party's attorney, a sum of money determined to be reasonable
as an attorney fee at trial and on appeal.
  (b) Attorney fees may not be ordered in cases in which the
Children's Services Division is a party by virtue of the division
being the legal custodian of the child. + }
  SECTION 3. ORS 418.625 is amended to read:
  418.625. As used in ORS 418.625 to 418.645:
  (1) 'Division' means the Children's Services Division.
  (2) 'Foster home' means any home maintained by a person who has
under the care of the person in such home any child under the age
of 18 years not related to the person by blood or marriage and
unattended by its parent or guardian, for the purpose of
providing such child with care, food and lodging; but does not
include:
  (a) Any boarding school which is essentially and primarily
engaged in educational work;
  (b) Any home in which a child is provided board and room by a
school board; or
  (c) Any foster home under the direct supervision of a private
child-caring agency or institution certified by the division.
  (3) Certificate includes:
  (a) A 'provisional' certificate issued for 90 days; or
  (b) A 'regular' certificate which is effective for one year.
   { +  (4) 'Relative' means the child's grandfather,
grandmother, brother, sister, stepbrother, stepsister, uncle,
aunt, first cousin, nephew or niece. + }
  SECTION 4.  { + Section 5 of this Act is added to and made a
part of ORS 418.625 to 418.645. + }
  SECTION 5. { +  A relative providing foster care to a child is
eligible for payments under ORS 418.625 to 418.645 according to a
schedule adopted by rule of the Children's Services Division that
takes into consideration resources of the relative that are
available to provide the care. + }
  SECTION 6. 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.
  SECTION 7. ORS 419B.115 is amended to read:
  419B.115. (1) Parties to proceedings in the juvenile court
under ORS 419B.100 and 419B.500, are:
  (a) The minor child;
  (b) The legal parents or guardian;
  (c) The state;
  (d) The juvenile department;
  (e) A court appointed special advocate, if appointed;
  (f) The Children's Services Division or other child-caring
agency if the agency has temporary custody of the child; and
  (g) An intervenor under ORS 109.119 (1) to   { - (4) - }  { +
(5) + }.
  (2) The rights of the parties include, but are not limited to:
  (a) The right to notice of the proceeding and copies of the
pleadings;
  (b) The right to appear with counsel and to have counsel
appointed as otherwise provided by law;
  (c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
  (d) The right of appeal; and
  (e) The right to request a hearing.
  (3)(a) Persons who are not parties under subsection (1) of this
section may petition the court for rights of limited
participation. The petition must be filed and served on all
parties no later than two weeks before a proceeding in the case
in which participation is sought. The petition must state:
  (A) The reason the participation is sought;
  (B) How the person's involvement is in the best interest of the
child or the administration of justice;
  (C) Why the parties cannot adequately present the case; and
  (D) What specific relief is being sought.
  (b) If the court finds that the petition is well founded, the
court may grant rights of limited participation as specified by
the court.
  (c) Persons petitioning for rights of limited participation are
not entitled to court-appointed counsel.
  SECTION 8. ORS 419C.285 is amended to read:
  419C.285. (1) At the adjudication stage of a delinquency
proceeding, the parties to the proceeding are the child and the
state, represented by the district attorney or the juvenile
department. At the dispositional stage of a delinquency
proceeding, the following are also parties:
  (a) The parents or guardian of the child;
  (b) A court appointed special advocate, if appointed;
  (c) The Children's Services Division or other child care
agency, if the child is temporarily committed to the agency; and
  (d) An intervenor under ORS 109.119 (1) to   { - (4) - }  { +
(5) + }.
  (2) The rights of the parties include, but are not limited to:
  (a) The right to notice of the proceeding and copies of the
pleadings;
  (b) The right to appear with counsel and to have counsel
appointed if otherwise provided by law;
  (c) The right to call witnesses, cross-examine witnesses and
participate in hearings;
  (d) The right to appeal; and
  (e) The right to request a hearing.
  (3)(a) Persons who are not parties under subsection (1) of this
section may petition the court for rights of limited
participation. The petition must be filed and served on all
parties no later than two weeks before a proceeding in the case
in which participation is sought. The petition must state:
  (A) The reason the participation is sought;
  (B) How the person's involvement is in the best interest of the
child or the administration of justice;
  (C) Why the parties cannot adequately present the case; and
  (D) What specific relief is being sought.
  (b) If the court finds that the petition is well founded, the
court may grant rights of limited participation as specified by
the court.
  (c) Persons petitioning for rights of limited participation are
not entitled to court-appointed counsel.
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