2015 ORS 109.325¹
Consent by Department of Human Services or approved child-caring agency of this state

(1) The Department of Human Services or an approved child-caring agency of this state, acting in loco parentis, may consent to the adoption of a child who has been:

(a) Surrendered to it for the purpose of adoption under ORS 418.270 (Surrender of child to private child-caring agency) if compliance is had with the provisions of that section;

(b) Permanently committed to it by order of a court of competent jurisdiction; or

(c) Surrendered to it for the purpose of adoption under ORS 418.270 (Surrender of child to private child-caring agency) by one parent if compliance is had with the provisions of that section and permanently committed to it by a court of competent jurisdiction having jurisdiction of the other parent.

(2) The department may consent to the adoption of a child over whom the department has been made guardian under ORS chapter 125.

(3) When consent is given under this section, no other consent is required.

(4) When consent is given under this section, there shall be filed in the adoption proceeding:

(a) A certified copy of an order of a court of competent jurisdiction formally and permanently assigning the guardianship of the child to the department or the child-caring agency, or a copy of the surrender of the child from its parent or parents or guardian, or both, as the case may be; and

(b) Written formal consent by the department or the child-caring agency, as the case may be, to the proposed adoption, showing that sufficient and satisfactory investigation of the adopting parties has been made and recommending that the adoption be granted. The consent of the department or the child-caring agency to the proposed adoption may be given by one of its officers, executives or employees who has been authorized or designated by it for that purpose. [Formerly 109.316]

(formerly 109.316)

Notes of Decisions

Where child is permanently committed to CSD due to termina­tion of rights of only one parent, CSD con­sent is effective as to rights of terminated parent regardless of independent grant or denial of con­sent by other parent. Grove v. Baker, 73 Or App 452, 698 P2d 1017 (1985)

Atty. Gen. Opinions

Change of name in public records, (1977) Vol 38, p 945

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.