OAR 413-070-0015: Denials or Delays of Placement Based on Race, Color or National Origin Prohibited

(1) In making placement decisions, the Department and entity must be guided by the best interest of the child. Placements must be made in the context of an individualized assessment of the needs of the child, and an assessment of the ability of a potential foster or adoptive family to meet those needs. (2) Except as provided in section (3) of this rule the Department and entity may not delay or deny the placement of a child for adoption or into foster care on the basis of the race, color, or national origin of the adoptive or foster parent or the child involved or consider the race, color, or national origin of a child or of a prospective adoptive or foster parent as factors in making adoptive or foster placement decisions. (3) The Department and entity may only consider the race, color, or national origin when an individualized assessment of the child identifies compelling special circumstances, such as an older child’s statement of preference, and consideration of race, color, or national origin in the placement decision is the only way to achieve the best interest of that child. (4) The Department and entity may consider the needs of a child related to cultural heritage, such as specific language needs, when making individualized placement decisions. However, the Department and entity may not use routine cultural heritage assessments as a substitute for considering race, color, or national origin or otherwise considering the cultural heritage needs of a child in a manner that would circumvent the general prohibition against considering the race, color, or national origin of a child when making placement decisions. (5) The Department and entity may not honor the request of birth parents to place their child who was either voluntarily or involuntarily removed, with adoptive or foster parents of a specific racial, ethnic, or cultural group, except as provided in section (2) of this rule.