ORS 418.335¹
Determination of eligibility for payments
  • review
  • hearing

(1) Qualification for payments under ORS 418.330 (Payments to adoptive parents or guardians) must be determined by the Department of Human Services prior to the completion of the adoption or guardianship proceeding.

(2) The department shall set the amount of payments under ORS 418.330 (Payments to adoptive parents or guardians) through negotiations with the prospective adoptive parents or guardians, taking into consideration the circumstances of the prospective adoptive parents or guardians and the needs of the child.

(3) The department may change the amount of payments under ORS 418.330 (Payments to adoptive parents or guardians):

(a) Through renegotiation with the adoptive parents or guardians, based upon a showing that there has been a change in the circumstances of the adoptive parents or guardians or the needs of the child; or

(b) When the department has reduced or increased the amount of comparable assistance in foster care under ORS 418.647 (Foster care payments).

(4) The department may suspend or terminate payments when one or more of the following conditions exist:

(a) The child no longer meets the definition of “child” under ORS 418.330 (Payments to adoptive parents or guardians).

(b) The adoptive parents or guardians are no longer legally responsible for the support of the child.

(c) The child is no longer receiving any support from the adoptive parents or guardians.

(5) If a payment under ORS 418.330 (Payments to adoptive parents or guardians) is suspended or terminated for a reason not related to the age of the child or because a guardianship has been vacated by the court, the adoptive parents or guardians of the child may petition the department for a review of the case. The department shall afford the petitioner an opportunity for a hearing, which must be held in the county the petitioner elects. [1971 c.129 §§3,4; 2011 c.141 §2; 2015 c.840 §17]

Chapter 418

Notes of Decisions

Where plaintiffs brought ac­tion under 42 U.S.C. 1983 alleging viola­tion of federal civil rights after defendant Children’s Services Division employees removed plaintiffs’ child from home following reports of abuse, CSD workers entitled to absolute immunity in investiga­tion, taking child into custody and keeping plaintiffs from visiting child. Tennyson v. Children’s Services Division, 308 Or 80, 775 P2d 1365 (1989)

1 Legislative Counsel Committee, CHAPTER 418—Child Welfare Services, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors418.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 418, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano418.­html (2019) (last ac­cessed May 16, 2020).
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. Currency Information