68th OREGON LEGISLATIVE ASSEMBLY--1995 Regular Session Enrolled Senate Bill 1105 Sponsored by Senator SMITH; Senators CEASE, DUKES, YIH, Representative MANNIX CHAPTER ................ AN ACT Relating to adoption; creating new provisions; and amending ORS 7.211, 109.309, 109.311, 109.425, 109.430, 109.440, 109.450, 109.502, 109.503, 109.505, 109.506, 109.507, 109.990 and 432.420. Be It Enacted by the People of the State of Oregon: { + **************************** NOTE: + } Section 1 was deleted by amendment. Subsequent sections were not renumbered. **************************** SECTION 2. 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. { + One petitioner, the child or one birth parent must be a resident of this state. As used in this subsection, ' resident' means a person who has resided in this state continuously for a period of six months prior to the date of the petition. + } (2)(a) Except as provided in paragraph (b) of this subsection { + and subsections (1) and (3) of this section as they relate to residency + }, 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) 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. In the case of a stepparent adoption, the petition shall also be served on all persons whose consent to the adoption is required under ORS 109.312 and on the child's grandparents, 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 may be waived by the court for good cause. The court shall not rule upon the petition until at least { - 60 - } { + 90 + } days after the date that the documents were served upon the assistant director. However, the division may waive the { - 60-day - } { + 90-day + } period. (7)(a) Within { - 60 - } { + 90 + } 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. { + If the division designates an Oregon licensed adoption agency to investigate and report to the court, the division shall make the designation and provide all necessary information and materials to the Oregon licensed adoption agency no later than 30 days after the service on the assistant director. + } 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 Enrolled Senate Bill 1105 Page 2 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) - } { + (5) + } 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 3. ORS 109.311 is amended to read: 109.311. (1) Each adoption petition filed pursuant to ORS 109.309 seeking adoption of a minor child shall be accompanied by a written disclosure statement containing an itemized accounting of all moneys paid or estimated to be paid by the petitioner for fees, costs and expenses related to the adoption, including all legal, medical, living and travel expenses. The form of the disclosure statement shall be prescribed by the Children's Services Division after consultation with approved Oregon licensed adoption agencies. (2) No court shall grant a decree for an adoption of a minor child in the absence of a placement report by the Children's Services Division or an Oregon licensed adoption agency unless the filing of such report has been waived by the Children's Services Division. No court shall grant a decree for an adoption of a minor child in the absence of a written disclosure statement as described in subsection (1) of this section or in the absence of a verified statement by the petitioner that, to the best of the petitioner's knowledge, no charges, except those reported in the disclosure statement, have been or will be paid in connection with the adoption. (3) No person shall charge, accept or pay or offer to charge, accept or pay a fee for locating a minor child for adoption or for locating another person to adopt a minor child, except that Oregon licensed adoption agencies licensed under ORS chapter 418 may charge reasonable fees for services provided by them. { + (4)(a) It is unlawful for any person to advertise: (A) A child offered or wanted for adoption; or (B) That the person is able to place, locate, dispose of or receive a child for adoption. (b) The provisions of paragraph (a) of this subsection do not apply to: (A) The Children's Services Division or a licensed Oregon adoption agency or an agent, employee or person with whom the Enrolled Senate Bill 1105 Page 3 division or adoption agency has a contract authorizing such actions; or (B) A person who has completed a home study as required by ORS 109.309 (5)(a)(C) and has received a favorable recommendation regarding the fitness of the person to be an adoptive parent or the person's attorney or uncompensated agent. A written declaration by the person who prepared the home study is sufficient verification of compliance with this subparagraph. The person's attorney must be licensed to practice in Oregon. (c) Nothing in this subsection prohibits an attorney licensed to practice in Oregon from advertising the attorney's availability to provide services related to the adoption of children. (d) As used in this subsection, unless the context requires otherwise, 'advertise' means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast or electronic medium that originates within this state. + } **************************** SECTION 4. ORS 109.990 is amended to read: 109.990. (1) A person who violates ORS 109.311 (3) or who submits a false statement under ORS 109.311 { - (2) - } { + (1) + } commits a Class C felony. { - (2) A person who violates ORS 109.311 (4) commits a Class A misdemeanor. - } { - (3) - } { + (2) + } A person who violates any provision of ORS { + 109.311 (4) or + } 109.502 to 109.507 or any rule adopted pursuant to ORS 109.506 commits a Class A misdemeanor. **************************** SECTION 5. { + Before a final decree of adoption is entered, the agency or organization facilitating the adoption, or the attorney for the adoptive parents in an independent adoption, shall submit verification to the court that the birth parents and the petitioners have been advised of the voluntary adoption registry established under ORS 109.450 and have been given information on how to access those services. + } **************************** SECTION 6. ORS 7.211 is amended to read: 7.211. (1) The clerk or court administrator of any court having jurisdiction over adoption cases shall keep separate records in all cases of adoption filed in such court. The records shall not be subject to the inspection of any person, except upon order of the court. Adoption proceedings shall not be entered upon the general records of the court, nor shall the clerk or court administrator disclose to any person, without the court order, any information appearing in the adoption records. The clerk, court administrator or any other person having custody of any records or files in such cases shall not disclose them to any person without the court order. Nothing contained in this section shall prevent the clerk or court administrator from certifying copies of a decree of adoption to the petitioners in such proceeding or their attorney. At the time of the entry of any final decree of adoption, the clerk, court administrator or other person having custody of the records or files in such cases shall cause all records, papers and files relating to the adoption to be sealed in the record of the case and such sealed records, papers and files shall not be unsealed, opened or subject to the inspection of any person except upon order of a court of competent jurisdiction. Enrolled Senate Bill 1105 Page 4 (2) The provisions of subsection (1) of this section do not apply to the disclosure of information under ORS 109.425 to 109.507 { - and 109.990 (3) - } . **************************** SECTION 7. 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' { + or '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. - } Enrolled Senate Bill 1105 Page 5 { - (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 8. ORS 109.430 is amended to read: 109.430. It is the policy of this state that adoption is based upon the legal termination of parental rights and responsibilities of birth parents and the creation of the legal relationship of parents and child between an adoptee and the adoptive parents. These legal and social premises underlying adoption must be maintained. The state recognizes that some adults who were adopted as children have a strong desire to obtain identifying information about their birth parents while other such adult adoptees have no such desire. The state further recognizes that some birth parents have a strong desire to obtain identifying information about their biological children who were adopted, while other birth parents have no such desire. The state fully recognizes the right to privacy and confidentiality of birth parents whose children were adopted, the adoptees and the adoptive parents. The purpose of ORS 7.211, 109.425 to 109.507 { - , 109.990 (3) - } and 432.420 is to: (1) Set up a voluntary adoption registry where birth parents and adult adoptees may register their willingness to the release of identifying information to each other; (2) Provide for the disclosure of identifying information to birth parents and their genetic offspring through a social worker employed by a licensed adoption agency, if a birth parent or parents and the adult adoptee are registered; (3) Provide for the transmission of nonidentifying health and social and genetic history of the adult adoptees, birth parents and other specified persons; and (4) Provide for disclosure of specific identifying information to Indian tribes or governmental agencies when needed to establish the adoptee's eligibility for tribal membership or for benefits or to a person responsible for settling an estate that refers to the adoptee. **************************** SECTION 9. ORS 109.440 is amended to read: 109.440. A person or agency shall not disclose any confidential information relating to an adoption except as provided in ORS 109.425 and 109.435 to 109.507 { - and 109.990 (3) - } or pursuant to a court order. **************************** SECTION 10. ORS 109.450 is amended to read: 109.450. (1) A voluntary adoption registry shall be established and maintained by each agency or its successor agency. An agency may delegate or contract with another agency to establish, maintain and operate the registry for the delegating agency. (2) The Children's Services Division shall establish, maintain and operate the registry for all adoptions not arranged through a licensed agency. The Children's Services Division may contract out the function of establishing, maintaining and operating the registry to another agency. The Children's Services Division may join a voluntary national or international registry and make its records available in the manner authorized by ORS 109.425 to 109.507 { - and 109.990 (3) - } . However, if the rules of disclosure of such a voluntary organization differ from those prescribed in ORS 109.425 and 109.435 to 109.507 { - and Enrolled Senate Bill 1105 Page 6 109.990 (3) - } , ORS 109.425 and 109.435 to 109.507 { - and 109.990 (3) - } shall prevail. **************************** SECTION 11. ORS 432.420 is amended to read: 432.420. The documents sealed under ORS 432.415 may be opened by the State Registrar only upon an order of a court of competent jurisdiction or when requested by an agency operating a voluntary adoption registry as defined in ORS 109.425 for the purpose of facilitating the identification of persons registering under the provisions of ORS 109.425 and 109.435 to 109.507 { - and 109.990 (3) - } . **************************** SECTION 12. 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 { + or the Oregon licensed adoption agency that facilitated the adoption + } 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 to conduct the search. 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 to conduct the search. - } { + (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 or the Oregon licensed adoption agency that facilitated the adoption to conduct a search for an adult adoptee whom the birth parent relinquished for adoption. (c) A person requesting a search under paragraph (a) or (b) of this subsection shall direct the request for the search to the Oregon licensed adoption agency that facilitated the adoption. If the Oregon licensed adoption agency that facilitated the adoption is not conducting searches or has not been authorized by the Children's Services Division to conduct searches, the person shall direct the request to the Children's Services Division. (2) At the time of a request to conduct a search under this section, the requester shall provide the Children's Services Division or the Oregon licensed adoption agency that facilitated the adoption with such information as the Children's Services Division or the Oregon licensed adoption agency requires. The person requesting the search must be registered with a registry established under ORS 109.450. (3)(a) If the person has requested the Children's Services Division to conduct a search, upon payment by the requester of a fee established by rule under ORS 109.506, the Children's Enrolled Senate Bill 1105 Page 7 Services Division shall instruct an Oregon licensed adoption agency to conduct the search. (b) If the Oregon licensed adoption agency that facilitated the adoption meets the standards established by rule under ORS 109.506, upon payment by the requester of a fee established by rule under ORS 109.506, the Oregon licensed adoption agency shall conduct the search. + } **************************** SECTION 13. 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. - } Enrolled Senate Bill 1105 Page 8 { - (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 14. 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 { + or an Oregon licensed adoption agency + } 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 and who express a wish to receive information. + } **************************** SECTION 15. ORS 109.506 is amended to read: 109.506. The Children's Services Division by rule shall establish: Enrolled Senate Bill 1105 Page 9 (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 { + or an Oregon licensed adoption agency + } to cover the administrative costs incurred in administering the search program. **************************** SECTION 16. 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. ---------- Passed by Senate May 1, 1995 Repassed by Senate June 7, 1995 ........................................................... Secretary of Senate ........................................................... President of Senate Passed by House May 22, 1995 Repassed by House June 9, 1995 ........................................................... Speaker of House Enrolled Senate Bill 1105 Page 10 Received by Governor: ......M.,............., 1995 Approved: ......M.,............., 1995 ........................................................... Governor Filed by Office of Secretary of State: ......M.,............., 1995 ........................................................... Secretary of State Enrolled Senate Bill 1105 Page 11