2015 ORS 109.306¹
Rules regarding home studies and placement reports

(1) Rules adopted by the Department of Human Services for home studies and placement reports under ORS 109.309 (Petition for adoption) (7) and (8) must, at a minimum, require the department to:

(a) Consider each prospective adoptive parent on the basis of the prospective adoptive parent’s ability to meet the individual needs of the child for safety, attachment and well-being;

(b) Safeguard a child’s rights under ORS 419B.090 (Juvenile court) (3) by considering a child’s relatives and current caretaker as having equal status and priority as prospective adoptive parents in the consideration of each of the relative’s and current caretaker’s respective abilities to meet the child’s individual needs for safety, attachment and well-being; and

(c) Give a child’s relatives and current caretaker a greater weight in the consideration of suitability as prospective adoptive parents as compared to the department’s consideration of other persons seeking to adopt a child who are not relatives or current caretakers.

(2) For purposes of this section, "current caretaker" has the meaning given that term in ORS 419A.004 (Definitions). [2015 c.795 §5]

Note: Section 12 (1), chapter 795, Oregon Laws 2015, provides:

Sec. 12. (1) Section 5 of this 2015 Act [109.306 (Rules regarding home studies and placement reports)] and the amendments to ORS 109.309 (Petition for adoption), 419A.004 (Definitions), 419B.090 (Juvenile court) and 419B.395 (Judgment of paternity or nonpaternity) by sections 1 to 4 of this 2015 Act apply to:

(a) Children and wards who are in the legal custody of the Department of Human Services before, on or after the operative date specified in section 13 (1) of this 2015 Act [September 1, 2015]; and

(b) Children and wards for whom placement decisions are made on or after the operative date specified in section 13 (1) of this 2015 Act. [2015 c.795 §12(1)]

Note: 109.306 (Rules regarding home studies and placement reports) was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 109 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

Chapter 109

Law Review Cita­tions

12 WLJ 569-589 (1976)


1 Legislative Counsel Committee, CHAPTER 109—Parent and Child Rights and Relationships, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors109.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 109, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano109.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.