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Statute

419B.529 Adoption after permanent commitment or surrender; procedure; certain fees prohibited.

(1) Notwithstanding ORS 109.309, 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; 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 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 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.
(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.
(3) Notwithstanding ORS 21.135, 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 and 109.350 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.


[1997 c.873 §24; 1999 c.859 §24; 2003 c.396 §91; 2003 c.576 §449; 2011 c.595 §18; 2013 c.346 §8]


Case Cites

Proposed Changes

2011 Version

419B.529 Adoption after permanent commitment or surrender; procedure; certain fees prohibited.

(1) Notwithstanding ORS 109.309, a prospective adoptive parent is not required to file a petition for adoption when:
(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 or the parent has signed and the department has accepted a release and surrender to the department and a certificate of irrevocability and waiver as provided in ORS 418.270 regarding a child;
(b) The department has completed a home study as defined in ORS 109.304 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) 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.
(2) Notwithstanding ORS 21.135, the clerk of the juvenile court may not charge or collect first appearance fees for a proceeding under this section.
(3) After the filing of the 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 may proceed as provided in ORS 109.307 and 109.350 and may enter a judgment of adoption.
(4) Records of adoptions filed and established under this section shall be kept in accordance with, and are subject to, ORS 7.211.


[1997 c.873 §24; 1999 c.859 §24; 2003 c.396 §91; 2003 c.576 §449; 2011 c.595 §18]

2003 Version

419B.529 Adoption after permanent commitment or surrender; procedure; certain fees prohibited.

(1) Notwithstanding ORS 109.309, a prospective adoptive parent is not required to file a petition for adoption when:
(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 or the parent has signed and the department has accepted a release and surrender to the department and a certificate of irrevocability and waiver as provided in ORS 418.270 regarding a child;
(b) The department has completed a home study as defined in ORS 109.304 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) 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.
(2) Notwithstanding ORS 21.114, the clerk of the juvenile court may not charge or collect first appearance or hearing fees for a proceeding under this section.
(3) After the filing of the 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 may proceed as provided in ORS 109.307 and 109.350 and may enter a judgment of adoption.
(4) Records of adoptions filed and established under this section shall be kept in accordance with, and are subject to, ORS 7.211.

[1997 c.873 §24; 1999 c.859 §24; 2003 c.396 §91; 2003 c.576 §449]