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 1872
A-Engrossed
Senate Bill 1105
Ordered by the Senate April 26
Including Senate Amendments dated April 26
Sponsored by Senator SMITH; Senators DUKES, YIH
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.
Modifies provisions relating to searches for birth parents,
genetic siblings and adult adoptees. { + Makes technical
changes. + }
A BILL FOR AN ACT
Relating to adoption; amending ORS 109.425, 109.502, 109.503,
109.505, 109.506 and 109.507.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 109.425 is amended to read:
109.425. As used in this section and ORS 109.435 to 109.507 and
109.990 (3):
(1) 'Adoptee' means a person who has been adopted in the State
of Oregon.
(2) 'Adoption' means the judicial act of creating the
relationship of parent and child where it did not exist
previously.
(3) 'Adoptive parent' means an adult who has become a parent of
a child through adoption.
(4) 'Adult' means a person 18 years of age or older.
(5) 'Agency' means any public or private organization licensed
or authorized under the laws of this state to place children for
adoption.
(6) 'Birth parent' is:
(a) The man or woman who is legally presumed under the laws of
this state to be the father or mother of genetic origin of a
child; and
(b) A putative father of the child if the birth mother alleges
he is the father and the putative father, by written affidavit or
surrender and release executed within one year of the
relinquishment of the child by the birth mother or the
termination of parental rights of the birth mother, acknowledges
being the child's biological father.
(7) 'Children's Services Division' is the Children's Services
Division of the Department of Human Resources of the State of
Oregon.
(8) 'Genetic and social history' is a comprehensive report,
when obtainable, on the birth parents, siblings to the birth
parents, if any, other children of either birth parent, if any,
and parents of the birth parents, and contains as much of the
following as is available:
(a) Medical history;
(b) Health status;
(c) Cause of and age at death;
(d) Height, weight, eye and hair color;
(e) Ethnic origins; and
(f) Religion, if any.
(9) 'Health history' is a comprehensive report, when
obtainable, of the child's health status and medical history at
the time of placement for adoption, including neonatal,
psychological, physiological and medical care history.
(10) 'Putative father' is a man who, under the laws of this
state, is not legally presumed to be the father of genetic origin
of a child, but who claims or is alleged to be the father of
genetic origin of the child.
(11) 'Registry' is a voluntary adoption registry as established
under ORS 109.450.
{ - (12) 'Search organization' is an organization, including,
but not limited to, an individual, an adoption agency or a
private nonprofit organization, that meets the standards
established by the Children's Services Division to conduct
searches and examine confidential adoption records pursuant to
ORS 109.502 to 109.507 and with whom the Children's Services
Division has a contract to conduct such searches. - }
{ - (13) - } { + (12) + } 'Successor agency' is an agency
which has the adoption records of another agency because of the
merger of the agency and the successor agency or because a former
agency has ceased doing business and has given its adoption
records to the successor agency as provided in ORS 109.435 (2).
SECTION 2. ORS 109.502 is amended to read:
109.502. (1)(a) An adult adoptee or the adoptive parent of a
minor or deceased adoptee may request that the Children's
Services Division conduct a search for the adoptee's birth
parents or, except as otherwise provided in ORS 109.504 (1), for
the adoptee's genetic siblings.
(b) A birth parent, an adult genetic sibling of an adoptee or
the parent or adult sibling of a deceased birth parent may
request the Children's Services Division to conduct a search for
an adult adoptee whom the birth parent relinquished for adoption.
(2) At the time of a request to conduct a search under this
section, the requestor shall provide the Children's Services
Division with such information as the Children's Services
Division requires. The person requesting the search must be
registered with a registry established under ORS 109.450. Upon
payment by the requestor of a fee established by rule under ORS
109.506, the Children's Services Division shall instruct { - a
search organization - } { + an Oregon licensed adoption
agency + } to conduct the search { + or may conduct the search
itself + }. If the agency that placed the adoptee meets the
standards established under ORS 109.506, the Children's Services
Division shall give that agency the opportunity to conduct the
search before requesting any other
{ - search organization - } { + Oregon licensed adoption
agency + } to conduct the search { + or before conducting the
search itself + }.
SECTION 3. ORS 109.503 is amended to read:
109.503. (1) When { - a search organization - } { + the
Children's Services Division or an Oregon licensed adoption
agency + } has been instructed to conduct a search, the
{ - search organization - } { + Children's Services Division or
an Oregon licensed adoption agency + } may examine adoption
records maintained by the Children's Services Division and by
private adoption agencies under ORS 109.435. However, the
{ - search organization - } { + Children's Services Division
or an Oregon licensed adoption agency + } may examine the
adoption records of a private adoption agency only if the private
adoption agency allows the examination. The { - search
organization - } { + Children's Services Division or an Oregon
licensed adoption agency + } shall keep the records and
information located in the records confidential.
(2) If the { - search organization - } { + Children's
Services Division or an Oregon licensed adoption agency + } is
able to identify and locate the person being sought, the
{ - search organization - } { + Children's Services Division or
an Oregon licensed adoption agency + } shall make a confidential
inquiry of that person to determine whether the person wishes to
make contact with the person requesting the search. The
{ - search organization - } { + Children's Services Division
or an Oregon licensed adoption agency + } shall make the inquiry
in person if possible.
(3)(a) If the person being sought wishes to make contact with
the person requesting the search, the { - search
organization - } { + Children's Services Division or an Oregon
licensed adoption agency + } shall:
(A) Tell the person about the voluntary adoption registry under
ORS 109.435 to 109.507 and 109.990 (3) and that any contact will
be made through the registry and its provisions and shall give
the person any information and forms necessary to register;
{ - (B) Notify the person requesting the search that the
person being sought has been identified and located, wishes to
make contact and has been given the voluntary adoption registry
information; - }
{ - (C) - } { + (B) + } Notify the voluntary adoption
registry that the person being sought has been
identified { + , + } { - and - } located and { - give the
registry identifying information about the person, the person's
address and the date the confidential inquiry was made - }
{ + has indicated that the person wishes to make contact + };
and
{ - (D) - } { + (C) + } Return all materials and
information obtained during the search to the division or agency
responsible for maintaining the information.
{ - (b) In making the notification required by paragraph
(a)(B) of this subsection, the search organization shall not give
the person any identifying information about the person being
sought. - }
{ - (c) - } { + (b) + } If the person being sought { + has
indicated a wish to make contact and + } has not registered with
the voluntary adoption registry within 90 days after the
confidential inquiry was made, the Children's Services
Division { + or an Oregon licensed adoption agency + }, where
practicable, shall { - cause the person to be contacted to - }
{ + contact the person to + } offer forms and materials to
register and to determine if the person still intends to
register.
{ - (d) The search organization may not contact the person
being sought once the confidential inquiry has been made. - }
(4) { - (a) - } If the person being sought does not wish to
make contact with the person requesting the search, the
{ - search organization - } { + Children's Services Division
or an Oregon licensed adoption agency + } shall:
{ - (A) - } { + (a) + } Tell the person about the voluntary
adoption registry under ORS 109.435 to 109.507 and 109.990 (3);
{ - and - }
{ + (b) Notify the voluntary adoption registry that the
person being sought has been identified, located and has
indicated that the person does not wish to make contact; and + }
{ - (B) - } { + (c) + } Return all materials and
information obtained during the search to the division or agency
responsible for maintaining the information.
{ - (b) The search organization may not contact the person
being sought once the confidential inquiry has been made. - }
{ + (5) If the Children's Services Division or an Oregon
licensed adoption agency is unable to identify and locate the
person being sought, the + } { + Children's Services Division
or an Oregon licensed adoption agency + } { + shall notify the
voluntary adoption registry of that fact.
(6) Upon receiving notice under subsection (3)(a)(B), (4)(b) or
(5) of this section, the voluntary adoption registry shall:
(a) Enter the information into its records; and
(b) Notify the person requesting the search only that the
person being sought has or has not been located, and either:
(A) Has indicated a wish to make contact and has been given
information and forms necessary to register; or
(B) Has indicated a wish not to make contact. + }
SECTION 4. ORS 109.505 is amended to read:
109.505. Information about agency and community resources
regarding psychological issues in adoption and reunion shall be
provided:
(1) By the Children's Services Division to all persons
requesting a search under ORS 109.502; and
{ - (2) By the search organization to all persons the search
organization identifies and locates as the result of a search
under ORS 109.503. - }
{ + (2) By the Children's Services Division or an Oregon
licensed adoption agency only to those persons the Children's
Services Division or an Oregon licensed adoption agency
identifies and locates as the result of a search under ORS
109.503 who express a wish to receive information. + }
SECTION 5. ORS 109.506 is amended to read:
109.506. The Children's Services Division by rule shall
establish:
(1) Eligibility standards for { - search organizations - }
{ + Oregon licensed adoption agencies that conduct searches
under ORS 109.503 + };
(2) Standards of conduct for { - search organizations - }
{ + Oregon licensed adoption agencies that conduct searches
under ORS 109.503 + };
(3) Contracting procedures for { - search organizations - }
{ + Oregon licensed adoption agencies that conduct searches
under ORS 109.503 + };
(4) Search procedures to be followed by { - search
organizations - } { + Oregon licensed adoption agencies that
conduct searches under ORS 109.503 + }; and
(5) Fees to be paid by persons requesting a search under ORS
109.502. Fees authorized under this section include:
(a) A fee to be paid to the { - search organization - } { +
Children's Services Division or an Oregon licensed adoption
agency + } to cover all costs incurred in the search but not to
exceed $300; and
(b) A fee to be paid to the Children's Services Division to
cover the administrative costs incurred in administering the
search program.
SECTION 6. ORS 109.507 is amended to read:
109.507. (1) The Children's Services Division shall allow
{ - a search organization - } { + an Oregon licensed adoption
agency + } to examine confidential adoption records maintained by
the division as part of a search conducted under ORS 109.503.
(2) A private adoption agency may allow { - a search
organization - } { + the Children's Services Division or an
Oregon licensed adoption agency + } to examine confidential
adoption records maintained by the agency as part of a search
conducted under ORS 109.503.
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