2017 ORS 419B.529¹
Adoption after permanent commitment or surrender
  • procedure
  • certain fees prohibited

(1) Notwithstanding ORS 109.309 (Petition for adoption), a prospective adoptive parent is not required to file a petition for adoption when:

(a) One of the following has occurred:

(A) A juvenile court that is a circuit court has entered an order of permanent commitment of a ward to the Department of Human Services under ORS 419B.527 (Disposition of ward after termination); or

(B) The parent has signed and the department has accepted a release and surrender to the department, and the parent has signed:

(i) A certificate of irrevocability and waiver as provided in ORS 418.270 (Surrender of child to child-caring agency) regarding a child; or

(ii) A certificate of waiver under the Indian Child Welfare Act regarding a child;

(b) The department has completed a home study as defined in ORS 109.304 (Definitions for ORS 109.305 to 109.410) that finds the prospective parent is suitable to adopt the child or ward and the department consents to the adoption of the child or ward by the prospective parent;

(c) Written evidence of a home study and a placement report requesting the juvenile court to enter a judgment of adoption have been filed in the juvenile court proceeding; and

(d) At the time the placement report is filed under paragraph (c) of this subsection, the prospective adoptive parent files the adoption report form required under ORS 109.400 (Adoption report form).

(2) Notwithstanding subsection (1) of this section, a prospective adoptive parent is required to file an Adoption Summary and Segregated Information Statement with accompanying exhibits as provided under ORS 109.317 (Adoption Summary and Segregated Information Statement).

(3) Notwithstanding ORS 21.135 (Standard filing fee), the clerk of the juvenile court may not charge or collect first appearance fees for a proceeding under this section.

(4) After the filing of written evidence of a home study and the placement report requesting the court to enter a judgment of adoption, the juvenile court that entered the order of permanent commitment, or the juvenile court having jurisdiction over a ward for whom the department has accepted a release and surrender and a certificate signed by the parent as provided in subsection (1)(a)(B) of this section, may proceed as provided in ORS 109.307 (Court required to act within six months of filing of petition for adoption) and 109.350 (Judgment of adoption or readoption) and may enter a judgment of adoption.

(5) Records of adoptions filed and established under this section shall be kept in accordance with, and are subject to, ORS 109.319 (Separate record of the case). [1997 c.873 §24; 1999 c.859 §24; 2003 c.396 §91; 2003 c.576 §449; 2011 c.595 §18; 2013 c.346 §8]

Notes of Decisions

Juvenile court may order agency to provide adoptive home studies to attorney of dependent child prior to agency issuance of place­ment report. State ex rel State Office for Services to Children and Families v. Williams, 168 Or App 538, 7 P3d 655 (2000)

Where suitable adoptive place­ment is sought for child, court has discre­tion to order disclosure to court appointed special advocate of home study in­for­ma­­tion submitted to adop­tion committee for considera­tion. State ex rel State Office for Services to Children and Families v. Mitchell, 182 Or App 402, 49 P3d 838 (2002), Sup Ct review denied

Notes of Decisions

Under Former Similar Statutes

Due process does not require the appoint­ment of “independent counsel” to represent the child in every adop­tion or termina­tion of parental rights pro­ceed­ing. F. v. C., 24 Or App 601, 547 P2d 175 (1976)

When sec­ond termina­tion of parental rights pro­ceed­ing was not itself barred, proof was not limited by res judicata or collateral estoppel principles to facts or evidence which was not considered in or which came in to being after first pro­ceed­ing. State ex rel Juvenile Dept. v. Newman, 49 Or App 221, 619 P2d 901 (1980), Sup Ct review denied

Chapter 419B

Notes of Decisions

Due process rights of parents are al­ways implicated in construc­tion and applica­tion of pro­vi­sions of this chapter. Depart­ment of Human Services v. J.R.F., 351 Or 570, 273 P3d 87 (2012)

1 Legislative Counsel Committee, CHAPTER 419B—Juvenile Code: Dependency, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors419B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 419B, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano419B.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.